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Pea body Museum of American Archseology and Ethnology 




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[From the Twelfth Annnal Report of the Peabody Museum of Archaeology and 
Ethnology, Cambridge. 1879.] 




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Br Ad. F. Bandbubr. 

Two previous papers have already been devoted to some of the 
most prominent features of the life of the ancient Mexicans, namely : 
warlike customs, and their mode of distributing and occupying the 
soil and their rules of Inheritance.^ The conclusions of both 
essays were chiefly negative, in so far as they tended to establish 
the non-existence of a condition which has, for three centuries, 
been regarded as prevailing. Thus, in the first, we have attempted 
to disprove the existence of a military despotism^, and in the second, 
the existence of feudalism^ among the natives of Mexico. More 
positive results were, however, foreshadowed in both instances 
by the suggestion, if not by the demonstration, that aboriginal 
society in Mexico rested on a democratic principle. The present 
essay is intended to show — if the organization of the natives of 
Mexico was not as it is commonly represented — what that organi- 
zation really was, according to our conception, and what status 

» Tenth Report of the Peabody Musetim: •* On the Art of War and Mode of Warfare of 
the Ancient Mexicans J* Eleventh Reportt " On the Tenure and Distribution of Lands 
among the Ancient Mexicans, and the Customs with Respect to Inheritance.^^ 

*'*Art of War,'^ pp. (127, 128, and l«l). 

» " Tenure of Lands^" (pp. 418 and 448). In both instances, as well as in the present 
discussion, the works of the Hon. L. H. Morgan have fuinished to the writer his points 
of departure and lines of investigation; besides, the distinguished American ethnolo- 
gist has watshed with mOre than friendly solicitude the progress of all these essays. 
If I seize the opportunity to recall here the debt of gratitude under which I stand 
toward him, it is coupled with the wish to express heartfelt thanks to several of my 
friends, to whose liberal assistance these and the preceding pages owe their existence, 
nearly as much as to my individual work. Let me name here, Mr. F. W. Putnam, 
Curator of the Peabody Museum, Col. Fred Hecker, of Summerfleld, Illinois, Dr. G. 
Brnhl, of Cincinnati, Ohio, and the officers of the Mercantile Library at St. Louis, 
Missouri. Lastly, because most remote, though certainly not least, am I deeply in- 
debted to the great documentary historian of the City of Mexico, 8r. Don Joaquin 
Garcia Icazbalceta for nearly all infoimation which could not be obtained from the 
usually known sources. 


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of progress in Institutions can be assigned to the remarkable tribe 
which has become so prominent in history. In other words, our 
object is to reconstruct the mode of government of the ancient 
Mexicans, the nature of its offices and dignities, and especially the 
principles ruling and guiding their social agglomeration. 

The distinguished Mexican scholar, Manuel Orozco y Berra, ex- 
plains, as well as qualifies, the condition of the aborigines of 
Mexico in the following manner : 

" If, from the boundary-lines of the empire [of Mexico, accord- 
ing to his views] we now turn to the races peopling its area, we 
find it to be a truth undeniable that no common nor mutual tie 
connected these numerous and diverse tribes. Each one was in- 
dependent under its chiefs.^" 

«" Oeogr<tfta de lag Lenguas y Carta Etnogrdjkxt de Mixico^*^ por Manuel OroMco y 
Berra, Mexico, 1864, (Tercera Parte, IX Mexico, p. 262). *< Si de las demarcaciones 
del iraperio pasamos k considerar las razas que lo poblaban, encontraremos como una 
verdad innegable que tanta tribu di versa no tenia un lazo coniun de union. Cada una 
era independiente bajo el mando de fus senores. Las ambiciones particulares encen- 
dian la guerra, y la misma familia se fVaccionaba. A su semejanza, cada pueblo tenia 
nn gefe que de nombre reoonooia al seiior principal, y todas las provincias e&taban 
snbdiv idas hasta formar un sistema bi^o algnnos puntos semejante al feudal. Renoores 
y odios apartaban las tribus, y la guerra era constante, porque siendo una de sus 
principales virtudes la valentia, no podian Terse sin combatlrse; ft imitacion de los 
orgullosos animales que sirven dediyersion en los palenquea. Por instinto d porque 
las generaciones son arrastradns aun ft su pesar por la corrlente de los tiempos, los 
Mexioanos emprendieron la tarea de rennir en un solo haz todos aquellos pueblos, de 
formar de ellos una nacion, y de asimilar sua intcreset con loa intereses' del Jnperio. 
Para Uevar ft cabo semejante tarea era preciso, la fuerza para poder triunfar; un 
Bistema proseguido con tino, y con tenucidad, y el tiempo bastante para que el odio se 
borrara y dejara nacer las simpatias. Pero la nnidad quosolicitaban los Mexican^s 
Uevaba ft las tribus al mas eapantoso de los despotismos ; el imperio era muy nuevo 
para haber alcanzado otra cosa qne reducir ft la seryidumbre, sin poder contar con el 
amor de sus vasallos ; de manera que en Ingar de amigos, tenia enemigos solapados, y 
su grandeza era solo enganosa appariencia. En esta sazOn se presentaron los cou- 
quistadores espaiioles. Cualqniera fuerza extrana habia de bacer yaeilar al coloso; 
as tribus, mal halladas con la servidnmbre, vieron en los invasores ft quienes podi*ftn 
salvarles del yugo; en su jnicio rencoroso no quisieron adyertir, que por alcanzar una 
est^ril venganza avcnturaban su propia existencia, y cori'ieron de tropel ft colocarse 
bajo las banderas de los estranjeros." It may be interesting to compare this weighty 
authority with ray remarks on the same subject in **Art of War,** (pp. 100, also note 17), 
and " Tenure of Lands,'* (pp. 416, 417, and 418, and annotations.) The difference consists 
in that Sr.Orozco y Berra ascribes to the aneient Mexicans a decided tendency to <^ nation- 
allize," so to say, tlie aboriginal people of their conquered area, to force uniformity of 
customs and organization upon them, and establish a true despotism. To this I beg 
leave to suggest in reply :— 

(1). That the Mexicans, oZone, formed only aparf (two-flfths in amount of tribute) of 
that power which is commonly termed "an Empire" (El Imperio) and which was 
but the Nahuatl confederacy of the Mexican valley. In evidence of it I will take the 
liberty to quote his own words, (same part and chapter, pp. 240, 241) : " £1 reino de 
Acolhuacan era el segundo en poderlo ; su capital era Tetzcoco, ft la orilla del lago de 
su nombre. Pequeiia hoy y sin material interes, en lo antiguo fti^ rival de Mexico y 

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This elifninates at once the notion of a Mexican state or empire, 
embracing in the folda of political society ^ all the groups of aborr 

1a segunda pobldcion de las del Yallo.^' Farther on, quoting Juan Bautista Pomar, 
*'* Eelacion de la eiudad de T&scuco," (MSS., belonging to Sr. loazbalceta, and dated 1582) 
who says of Tezcuco: '^La extension del reino era desde el mar del N.&ladel Sur, 
con toilo lo que se comprende a ia banda del Poiiiente hasta el puerto de la Vera Cruz, 
salvo la Ciiidad de Tlacboala y Huexotzinco," the learned ethnographer adds, (p. 
24J), ^* Juan B. Pomai* fija la* limites del reino oon toda la exaggeraeion que pnede in« 
fundtr el orgullo de raza. For nuestra parte, hemos leido con cuidado las relaciones 
que a la monarquia corresponden, y hemos estudiado en el piano los higares k que se 
refieren, y ui de las nnas ni de las otras Uegamos ft sacar jamas que los reyes de 
Acolhuacan mandaron sobre las tribus avecindadas in la eosta del Paciflco, no ya k 
la misma de Mexico, sino aun ft menores latitudes." He then enters upon a discussion 
of the number and names of settlements which gave tribute exclusively to Tezcuco. 
We can only refer to it in general here, as one of the most valuable contributions to 
Mexican history, and based upon authorities which ought to be published as soon as 
possible, some of which we mention for the benefit of students : — 

(1). •* Afemorial dirigido al reypor Don Hernando Pimentel Nexeatmalcuputt, caeiquey 
g(A>ernador de la provincia de Tezcuco^ etc.** This is the celebrated Report usetl by 
Torquemada And Fernando de Alba Ixtlilxochitl, and which the Cavaliere Boturini 
Benaducci owned. 

(2). ** Jielacion de Senpuhuala del corregidor Luis Obregon,** 1580, M8S. 

(3). •' Relacion de Epazoyuca por el corregidor Luis Obregon^** 1580, MSS. 

(4). " Eelacion de Tetliztnca por el corregidor lAtis Ohregon,'* 1580, MSS. 

(5). " Eelacion de Meztitlan por el alcalde mayor Gabriel de Chavez,** 1589, MSS. 

(«). •' Eelacion de Atengo por el corregidor Juan de PadUUi,** 1579, MSS. 

(7). ** Eelacion de Ailatlauca por el corregidor Oa^ar de Solis,** 1580, MSS. 

(8). " Eelacion de Acapizttapor el cUcaldemayor Juan Gutierrez de Liebanat" 1580, MSS. 

(9). ** Eelacion de Culhuacan por el corregidor Gonzalo Gflllego," 1580, MSS. 

(10). " Eelacion de Iztapalapa por el corregidor Gonzalo GaUego,** 1580, MSS. 

Since most of these valuable MSS. are the property of Sr. J. G. Icazbalceta, an early 
publication thereof may be hoped for. 

Sr. Orozco y Berra now reaches the important conclusion : 

(a). That Acnlhuacan or Tezcuco had settlements tributary to it alone, (p. 246). 

(6). That the •' Empire " had tiibutaries of itself. 

(c). That certain pueblos paid tribute both to Tezcuco and to Mexico, (p. 246), Epazo- 
yuca, " peitenecieron tambien ft Tetzcoco, y en el reinado de Itzcoatl quedaron por 
mitad para Mexico y para Tetzcoco, ft fin de que de alii sacaran los imperiales las 
navajas para sus macanaH." Taken probably from Rclacion 3. 

The '* Imperiales*' were, therefore, the confederates, and the "Imperio" the con- 
federacy. But if, within the area conquerad by these conftederates, each one of them 
receiveil its share of tributary tribes, how could it be their task or tendency to unify or 
nationalize, since e»ch of the three associates composed but a part of that power, 
and their association was a voluntary one ? 

(2). None of the confederates exercised any power over the others, beyond the 
exclusively military direction delegated to the Mexicans proper. " Eapport sur les 
diffirentes classes de chefs de la Nouvelle Espagne, Par Alonzo de ZurUay" translated 
from the Spanish original by Mr. Temaux Compans, and printed in 1840, by him in his 
" Voyages Eelations et M^moires origina auxpour servirJi V histoirede la dicouvertedeV 
Amerique,** (p. 11). ''La province de Mexico 6tait soumise ft trois principaux chefs: 
celui de Mexico, celui de Tezcuco ct celui de Tlacopan, que I'on nomme aujourd* hui 
Tacuba. Tons les chefs infi^rieurs rclevaient de ces souverains et leur ob^issaient. 
Les trois chefs snp^rieurs formaient une conl^d^ration et se partagaient les provinces 
dont ils s'emparaient. Le souverain de Mexico avait an dessous de lut ceux de Tez- 
cuco et de Tacuba pour les affaires qui avaient rapport ft la guerre ; quant ft toutes les 
autres, leurs puissances ^talent 4gales, de sorte que V un d' enx ne se m^lait jamais dn 

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igines settled within the area tributary to the valley-tribes. Con- 
sequently we need not look beyond the tribe, for any larger gwup 

gonyernment des auferes," (p. 16). ** Chaque souYeraiii conflnnait V election de ses 
Tassaux, car, ainsi qn' on V a d^Ja dit, leiir Jurisdiction ^^^t ind^pendante pour lea 
affaires civiles et criminelles.'' 

Fray Toribio de MotoUnia, " Hittoria de loi Indies de Kueva Espafia,** in Vol. I, of 
Sr. Icazbalceta's " Coleccion de Documentos, etc.^ (Epistola proemial, p. 6). *' Despnes 
el senorio de Tetzcoco fu^ tan grande como el de Mexico." (Id. p. 11) **Lo8 de 
Tetzcoco> que en antigUedad y sefiorio no son menos que lob Mexicanos.'* (Tratado III, 
Cap. VII, p. 182) '* Esta cindad de Tetzcoco era la segunda cosa principal de la tierra, 
7 asimismo el senor de ella era el segundo seiior de )a tieira ; st^etaba debajo de si 
quince proyincias liasta la proyincia de Tuzapan, que e^ti ft la costa del Mar del Norte. 

ft la parte de Oriente tiene Mexico Tenuelititlan ft una legua la ciudud 6 pueblo 

de Tlacopan, adonde residia el tercero seiior de la tierra, al cual estaban sujetas dies 
proyincias : esios dos seiiores ya dichos se podrian bien Uamar reyes, porque no lea 
faltaba nada para lo ser. (p. 183) '* Las de las proyincias y principales pueblos eran 
como senores de ditado 6 salya, y sobre todus eran los mas principales los dos, el de 
Tetzcoco y el de Tlucopan ; y estos con todos los otros todo lo mas del tiempo residian 
en MEXICO, y tenian corte ft Moteuczoma.^' We know, howeyer, that the fact of 
residence of tlie head* war-chiefs of Tezcuco and Tlacopi^n at Mexico, is not true, 
though their tVequeut yisits there on military busiuesx, and their protracted stay after 
the Spaniards had entered the pueblo, may explain the error. The latter passage is 
amended by the good father (Trat. Ill, cap. VIII, p. 187), as follows: **y si de esto 
algun senor tenia exencion era el de Tetzcoco." 

Fernando CortiSj Carta Segunda^ (In Vedia*8 ** Historiadoret primitivos^ etc,** Vol. I, 
p. 29). Speaking of Cacamatzin, lie says : ** ^ segun lo que despues d^l supe, era el muy 
cercano ileudo de Muteczuma, y tenia su senorio Junto at del dicho Muteczuma; cuyo 
nombre era Hacnluacan." Cortes further relates that when Cacamatzin threatened to 
take up arms, he requested Montezuma to direct him to come to Mexico, but the chief* 
tain of Tezcuco i-efused, saying, *<that if they wanted f>omething of him, they might 
come oyer on his land, where they would find out who he was, and what kiml of obedi- 
ence he was held to." Montezuma eyen was afraid, upon this reply, to suggest open 
yiolence, dissuading Cortes fi'om it altogether. This shows clearly that the Mexicans 
had no authority over the Tezcucans, and even were loth to assail them. 

Francisco Lopez de Oomara. Conquista de Af^fico (In Vedia, Tom. I, p. 346). " Ha- 
bia asimesino otros muchos senores y reyes, como los de Tezcuco y Tlacopan, que no 
le debian nada, sino la obediencia y homenaje.'' Also, on tlie treacherous seizure of 
Cacamatzin, he confirms Cortes (p. 355), *' La prision de Cacama, rey de Tezcuco." 
(Id. p. 433), *' a Chimapopoca sucedid el otra su hermano, dicho Izcona. Este Izcona 
senov^ ft Azcupuzalco, Cuanhnau, Chalco, Couatlichan y Huexocinco, mas tuyo por 
accompanados en el gobierno ft Nezaualcoyocin, senor de Tezcuco, y al seiior de Tlaco- 
pan, y de aqui adelunte mandaron y gobernaron estos tres senores cnantos reinos y 
pueblos obedecian y tributaban ft los de Cnhia; bien que el piincipal y el mayor dellos 
era el rey de M^jico, el segundo el de Tezcuco, y el menor el de Tlacopan." 

Bemal Diez de Castillo, Historia verdadera de la Conquista de Xueva'Espa^, 
(Vedia, Vol. II, Cap. C, p. 100.) *' Como el Cacamatzin, seiior de la ciudad de Tezcuco 
que despues de M^jico era la mayor y mas principal ciudad que hay en la Nneya 
Espatia." Also on tlie seizure of Cacamatzin, confirmatory of Cortes and of Gomara 
(pp. 101 and 102). 

Oonzalo Fernandez de Oviedo y Valdds. Historia natural y general de Indias. 
Madrid, 1853 (Lib. XXXIII, cap. VIII, pp. 294 and 296). The entii*e chapter is deyoted 
to the seizure of Cacamatzin, and is almost a yerbal copy of the raport made by Cortes 
(Lib. XXXIII, cap. LII, p. 639). It contains a letter written to Oyiedo, by the ylce-roy of 
Mexico, Don Antonio de Mendoza, under date of 6 October, 1641, in which this 
functionary says : '* Y lo de aqui no es tan poco que no podays hacer libro dello, 4 no 
■eri pequeno; porque aunque Montezuma 6 Mexico es lo que entre nosotros ha sonado. 

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of social organization. The confederacy of tribes, as we have 
already shown, carried no influence whatever on the organization. 

no era menor senor el Caconoi de Mechuacan, y otros que recenoscian al auo ni al 
otro." We quote this passage merely as a general illustration. 

Fray Bernardino de Sahagun. Historia general de lai Cosai de Xueva-Eipafiay 
published by Sr. C. M. de Bustamante, in 1H29 (Vol. U, lib. VIII, cap. UI, p. 276), 
** £1 cuarto senor de Tezcoco se Uamd Netzahoalcoiotzin, y reind setenta y un anos, y 
en tiempo de esto se comenzaron las guerras, y tuvo el seiiorio de Tezcoco siendo 
senor del de Mexico Itzcoatzin, y eetos entrambos hicieron gneira H los de Tecpanecai 
de Atzcaptzalco, y ft otros pueblos y provincias, y el fU^ fundador del senorio de 
Tezcoco in Aculhoacan." (Id. Vol. III. lib. XII, cap. XLI, page 69, close of chapter.) 

Fray Diego Dwdn, Hi»toria de lai Yndiae de Nueva Etpafia e lilas de Tierra Firme' 
Published by Sr. Jos^ Fernandez Ramirez at Mexico, in 1867, (Cap. XIV, p. 123). '' £1 
rey Itzcoatl, aunque mal dispuesto, bolgd de la Victoria y did las gracias ft todos los 
sefiores y principales, al quHl, agr«n4ndosele la enfermedad, entendiendo de se acer- 
tarsele la muerte, mandd Uamar al Senor de Tezcuco, Ne^aualcoyotl, paiiente cercano 
suyo, y aconscijdie que no tuviese guerra con los Mexicanos, sus parientes y amigos, 
sino que antes se hiciese con ellos y fuese en su favor siempre : y dexd ordenado que 
desde en adelante fuese de Tezcuco el segundo rey de la comarca y el tercero el de 
Tacuba, ft quien llamauan el rey de Tlaluacpan. . . ." (p. 124). <* . . . y solo estos 
tres reynos maudarou y governarou la tierra, de hoy en adelante, siendo el de Mexico 
Bobre todos ellos, y casi como emperador y monarca del nneuo mundo.'' Nearly the 
whole of Cap. XV is devoted to the formation of the confederacy, but cannot be in« 
serted here. The editor, Sr. J. F. Ramirez, appears to incline to the opinion, however, 
that there was a confederacy on equal terms, (note 2, p. 130). The same author also 
states repeatedly that the head-chiefs of Tezcuco and Tlucopan sacrificed (slaughtered) 
captives at the ciiief teo-calli of Mexico, on very solemn occasions, together with the 
head-chief of Mexico, thus showing equal rights. (Cap. XXIII, p. 197 and others.) 
But his plainest statement is found (Cap. XLIII, p. 847), and reads as fullown : <'Algn« 
nos han querido dedr quel reyno de Tezcuco era iibre de todo recouocimicuto y paiias 
al monarca, y que en nada le era sujeto, lo qual alio al coutrario en esta ystoria Mexi- 
cana; porque aunque ft la verdad no tributauau ft Mexico mantas ni Joias ni plumas 
ni cosas de comida, como otras provincias tributauan, hallo empero ft los Mexicanos 
metidos en las tierras tezcucanas donde sembraban y cogian, y algunos dellos hechos 
terrazgueros de los seiiores de Mexico; y alio que en oft^ci^ndose estas fiestas y 
solenidades, daban tributo desclauos para eila, de lo qual ninguno estaua esento ni 
reservado. Tambien alio que ofr^ci^ndose dar guerra ft alguna ciudad y provincia, al 
primero que llamauan y acudian para que apercibiese sus gentes, era al rey de 
Tezcuco, y como abemos, notado en esta ystoria, le hacian venir ft Mexico todas las voces 
que se ofrecia ocasion, loqual no era poca sujecion, dado que tuviese sus pr^eminencias 
y libertades de rey y senor de aquella provincia de Aculuacan ;...." 

Fernando de Alvarado Tezozomoc. Crdnica Afexicana. (9th Vol. of Lord Kings- 
borough'» ^^Antiquities of Mexico.'^) This author agrees so closely with Durin in most 
instances, that we can dispense with full quotations. See Cap. XIX and XX, on the 
pretended conquest of Tezcuco by the Mexicans. Tezozomoc is very positive on the 
question of Joint sacrifice (Cap. LXIX, p. 117). A singular remark is. however, found 
(Cap. XCVII. p. 172). After the Huexotzlncas had sent delegates to Mexico to sue for 
peace, the Mexican council was called together: *'diJo zibuacoatl resoluto: Senor, 
como serft esto, si no lo saben vuesti-os consegeros de guerra los reyes de Aculhuacan- 
Nezahualpilli, y el de Tecpanecas Tlaltecatzin ? hagase entero cabildo y acuerdo : fUe 
acordado asi." 'i his important incident shows that not even the Mexicans had the 
right to treat alone with a power hostile to the three tril>e8, consequently that 
the other two were their oor^ederatee, and not their feudal vassals. Fray Durin con- 
firms the incident in chapter LX, p. 473, of his work, precedingly quoted. 

Joseph de Acosta, Historia natural y moral de las IndiaSy Madrid, 1608, derives 
his inlormation from the same source as the two preceding, namely : the Codex Rami 

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It was only a partnership, formed for the pnrpose of carrying on 
the business of warfare, and that intended not for the extension of 

rez, now hi process of publication at Mexico. Acosta mentions and describes 
(Lib. VII, Cup. XV, p. 490). the traditionary war between tlie Mexicans and Tezcucans 
concluding : *• Con esto quedd el Rey de Mexico por supremo Rey de Tezcuco, y no 
quitandoles su Rey, sino haziendole del supremo Censejo suyo." (Cap. XVI, p. 490.) 
Botii chiefs, of Tezcuco and of Tlacopan, are mentioned by him as *^ electors " of the 
Mexican head-chiefs. 

Sebastian Ramirez de Fuenleal^ Bishop of San Domingo and President of the Royal 
Audiencia at Mexico. *' Lettre , . , & sa maje$ti Charles F,** translated by Mr. 
Temaux-Compans in his " Premier Recueil de Pieces relatives & la Nouvelle-Espagne," 
and bearing date 3 Nov., I5.t2 (p. 254). *' Les souverains de Tezcoco, de Tacuba, qui 
^taient tr^s puissants dans cette contr^e, agissaient de m^me que Mutizuma. lis 
partageaient entre eux et ce souverain le A*uit de lenrs conquStes; cependant les 
souverains de Mexico ^talent les plus puissants, et ils eurent toujours une plus grande 
difference." The same words about are repeated in the ** Second BecueU," printed 1840, 
(the first ** Recueil " appeared in 1838), on p. 222. The Report is therein stated to be 
by the President and the Audiencia. 

" Lettre des ChapeHains Frere Toribio et Frire Diego D^Olarte d Don Luis de Velasco 
etc.,*' date : St. Francois de Cholula, 27 AOut, 1554. (Ternaux, •* Recueil," 1, p. 403), 
*'Toutes les autres ob^issaient ft Montezuma, an souverain de Tezcuco, et ft celui de 
Tlacopa. Ces trois princes ^taient ^troltement conf^d^r^s ; ils partagaient entre eux 
tous les pays qu'ils subjuguaicnt. Montezuma ^xer^ait la toute-puissance dana les 
affaires relatives ft la guerre et au gouvernment de la confederation.'' 

Fray Gironimo de Afendieta. ** Htstoria eccksiastica Indiana,** published by 
Icazbalceta in 1870. Alter having mentioned (Lib. II, cap. XXVI, p. 129) that the 
chiefs of Mexico and Tezcuco sent challenges to foreign tribes to recognize ** the chief 
of Mexico " as their superior, and to give him tribute, he says (Cap. XXVIII, p. 134), 
'*E8 de saber que los senores de Mexico, Tezcuco y Tacuba, como reyes y setiores 

supremos de esta tierra " (Cap. XXXVII, p. 156.) " Los senores de las provin- 

cias 6 pueblos que inmediatamente eran subjetos ft Mexico, iban luego alii ft ser con- 
flimados en sus senorias, despues que los principales de sus provincias los liabian 

elegido, y con algunos En los pueblos y provincias que inmediatamente eran 

subjetos ft Tezcuco y ft Tacuba tenian recurso por la conflrmacion ft sus senores; que 
en esto y otrcu cosas estos dos senores no reconocian superior,** Itulics are my own. 

Antonio de Herrera. ** Historia general de los hechos de los Castellanos en las Islas y 
la Tierra- Firme del mar Oceano** 1726, Madrid. (Dec. II, lib. VII, cap. XII, p. 190). 
He almost copies Gomara, and in regard to the seizure of Cacamatzin he not only con- 
firms Cortes, Gomara, and Bemal Diez, but is much more detailed and positive yet. 
(Dec. II, lib. IX, cap. II, pp. 217, 218.) Finally he asserts: (Dec. Ill, lib. IV, cap. 
XV. p 133). " Con Mexico cstaban confederados los Senores de Tezcuco, i Tlacopan, 
que aora llaman Tacuba, i paiiiian lo que ganaban, i obedecian al Senor de Mexico, en 
lo tocaute ftla guerra, i tenian algunos Pueblos comunes eu tiucesion, asi de los'Senorios, 
como de los Maiorazgos, i haciendas." 

We now turn to an author who plainly takes an opposite view of the question, claim- 
ing, in place of a Mexican " Empire," the supremacy xbr the Tezcucans, or an ancient 
*' Empire" of the Chichimecas. The latter claim has already been discussed in 
** Tenure of Lands** (p. 394, note 10). This assumption,— which strongly combats the 
view that there was anything at all like an Empire, while it implies tlie existence of a 
mere confederacy, — is set forth by tlie following well known Tezcucan native auihor. 

Fernando de Alba Ixtlilxochitl. "'• Histoire des Chichimeques ou des anciens Rois de 
Tezcuco" This is tne french translation of the original *' Historia de los Cliichimecos, 
etc., etc.," contained in Lord Kingsborough's 9th volume. Since abstracts might prove 
too lengthy, I merely refer to (Cap. XXXII), on the formation of the confederacy 
as containing some very plain and remarkable passages (pp. 218, 219, and 220), among 

Report Feabodt Museum, II. 36 

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territorial ownership^ but only for an increase of the means of sub- 

which is one : " ces trois dynasties gouvernaient la Noa vcUe-Espngne jusqnft Pan'iy^e des 
Chretiens. Cependaut^ quoiqiiclles fussent ^gales en rang, en pufssance et en revenu, 
11 y avait de cei-tains tribute dont le roi de Tlacopan ne recevait qn *un cinqiii^me, tao- 
dis que ceux de Mexico et de Tezcuco en recevaient chacun deux.»» See also (Cap, 
XXXIV, cap. XXXVI, pp. 24^ and 24« ; cap. XXX VIII, pp. 289 and 273 ; 2d vol.. Cap. LXXI, 
pp. 109 and 110), and others. Nevertheless, Ixtlilxochiil reproaches bitterly Montezuma 
with having usurped the leading power which belonged to the Texcucans (accoi-ding 
to him), and having taken the direction of the confederacy into his hands. (Cap. 
LXXV, p. 128, to XXVI, p. 132, etc.). These charges are violently I'epeated in his other 
and more extensive work : " lielacionea historicas." Also in Vol. IX of Lord 
Kinsborough. As a specimen, I refer to the * Venida de los Espaiioles '' translated also 
by Mr. Ternaux under the title of " CruatUis horribles des conqu^rants du Afixique.** 
In regard to the war between Tezcuco and Mexico, in which he, of course, attributes the 
fullest victory to the former see also ^' Undidma lieladon*' (Kingsborough, IX, pp. 407 
and 408). Ixtlilxochltl is seconded and followed by his illustrious contemporary. Fray 
Juan de Torquemcuia. ** Los veinteiun Libros Bttuales i monorchia Indiana, etc., etc.* 
Edition of 1723. This distinguished ecclesiastic is such a consistent advocate of feu- 
dalism, that he even assigns the division of Tenochtitlan into four quarters to an 
"edict" of the "Chichlmecan Emperor" Techotlalatzin (Lib. II, cap. VIII, pp. 88 
and 89), or to an order of Mexican " Lords " (Lib. Ill, cap. XXIV, p. 29ft). Still he is very 
plain about Tezcuco being equal and not subject to Mexico. Compara for instance 
(Lib. Ill, cap. XXVII, p. 304), " nunca perdid su antigua estimacion, y siempre tuvo 
Rei, y Senor legitimo, que la regia, y govemaba, y era igual con el de Mexico," (Lib. II, 
cap. XXXIX, p. 144), about the confederacy; (Cap. XI, p. 14»). About the pretended 
war between the two tribes (Cap. XLII, p. 149. ^'Y no solo no es verdad; pero es 
directamente contra ella." On the supposed intrigues of Montezuma against the Tez- 
cucans (Lib. II, caps. LXXXIII, LXXXIV, etc., etc.), until the first passage of Cap. 
LXXXVII, (p. 227), '* muei-to el Rei Ne9ahualpilli de Tetzcuco. y entrando en su lugar su 
Hijo Cacama .... * corrid la confederacion de los Reies, como hasta entonces lo 
avian acostumbrado . . . ." also (Lib. XI, cap. XXVI, p.353), " .... no deja de ser 

su igual, ysemejante el de Tetzcuco " (Cap. XXVII, p. a56; cap. XXVIII, p. 361.) 

Copy of Mendieta. About warfare of the Confederates (Lib. XII, cap. VI, p. 382; 
Lib. XIV, cap. I, p. 533; Cap. II, p. 537). Division of Spoils and of Tributes Idem, 
(cap. VIII, pp. 546, 547 and 548), '' porque cierto es asi, que el Rei de Mexico no era maior 

en Autoridad, que el de Tetzcuco " From these, but especially A*om Torque- 

mada's history of the conquest, which occupies the entire fourth Book (Vol. I), enough 
can be gathered to show that this cumbrous but impoitant authority admits no Mexican 
Empire, but only a confederacy of Mexicans, Tezcucans, and Tlacopans. 

Fray Agustin de Vetancurt^ ** Teatro Mexicano," (Edition of 1870), admits the suprem- 
acy of the Mexicans (Parte Ila, Trat. 1", cap. XIV, p. 291), "y remataron la fiesta que 
dando Izcohuatl por rey supremo del imperio tepaneca, por ser primero que nezahu- 
alcoyotl, y este por rey de los aculhuas, y al de Tacuba le hicieron rey de la parte de 
mazahuacan, etc *\ But the confederacy " liga,"of the three chiefs is acknowl- 
edged everywhere. (Also Trat. II*, cap. ill, p. 382), ** cuando los Mexicauos, los tezco- 
canos 6 de Tlacopan (que eran los reyes que estaban confederados para las guerras, 
etc. . . ." 

To this lengthy collection of quotations many others might be added, ft'oni the same 
period as well as of a later date. They appear to justify the proposition advanced, 
namely: none of the confederates exercised any power over the others, beyond that of 
exclusively military leadership, which had been awarded to the Mexicans proper. 

The conquerors never interfered with the government, organization, and mode of 
life of tribes whom they had overpowered. No attempt, either direct or implied, was 
made to assimilate or incorporate them. 

My friend Dr, O, Brithl, author of the highly interesting and conscientious work 

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Our investigations are therefore confined to the limits of the 
single tribe, and we have selected for that purpose the Mexicans 

"Die Culturvoelker des alien Amerika** (Cincinnati, 1876, *77, 78), has, In regard to the 
statements made in " Art of War** (p. 100, note 17; p. 133, note 152), and in ** Tenure oj 
Lands" (pp. 412 and 413, also note 66; pp. 417 and 418, also note 68), called my attention 
to a passage from Sahagnn^ ** Hutoria getieral** (Lib. VIH, cap. XXIY, p. 313), '' Uabi- 
endo paciflcado la provincia, luego los seiiores del campo repartian tribntos ft los que 
habian sido conquistados, para que cada un aiio los diesen al senor que les hnbia con- 
quistado, y el tribute era de lo que en ella se criaba y se hacia, y luego elegian gol)er- 
nadores y oflciales que presidiesen en aquella provincia, no de los naturales de ella, 
siuo de los que la habian conquistado." Tiie author himself, liowever, gives the ex- 
planation of what he intends to designate by such ** governors and officials who should 
preside in said province.'^ In his Tith Book, (Cap, II, p. 5, Vol. Ill), he says : ** La pri- 
mera vez que parecieron navios en la costa de esta Nueva-Espaiia, los capitmes de 
Moctheuzoma que se llamaban Catpixques que estabau cerca de la costa luego fueron 
ft ver que era aquello que vino, que nunca habian visto navios, uno de los cuales fue 
el calpixque de Cuextecatl que se Uamaba Pinotl : llevaba consigo otros calpixques uno 
que se Uamaba Yaotzin, que residia en el pueblo de Mictlanquuuhtla, y otro que se 
llamaba TeozinzocatI, que residia en el pueblo de Teociniocan, y otro que se Uamaba 
CuiUalpitoc, este no era calpixque sino criado de uno de estos calpixques, y prmcipal- 
ejo que se Uamaba Tentlil.'' In ttiis Sahagun alK>ut agrees with Tezozomoc {Crdnica, 
Cap. CVl, CVII, CVIII, CIX), inasmuch as the latter also states the officers to have 
been calpixques, th. is, ** Stewards^ or gatherers of tribute. Compare Alomo de Molina^ 
•' Vocabulario,'* (Parte IIo, p. 12.) 

The names of these Indians who received Cortes are found nearly alike in all the 
authors, but we are struck by the fact that many of tliem call the natives ** governors ** 
of Montezuma. I quote Bernal Diez de Castillo (Cap. XXXVIII, pp. 32 and 33, Vedia, 
Vol. II) Oomara (pp. 312, 313, 314, etc., Vedia I). IxtUlxochUl (•* Histoire des Chichi- 
mSques,** Cap. LXXIX, p. 160). *• Cruautes horribles,*^ (p. 3.) Herrera (Dec. II, lib. V, 
cap. IV. p. 116; Cap. V, p. 117). Torquemada (Lib. IV, cap. XVI, p. 387; Cap. XVII, p. 
389, etc.). Fetancurt (Vol. II, cap. IV, p. 43). Fray Joseph Joaquin Granados y Galvez, 
(" Tardes Americanos** Mexico, 1778, 9th evening, p. 234). Abbate F. X. Clavigero 
(*' Geschichte von Mexico,** Leipzig, 1790, a german translation of the Italian original 
which appeared at Cesena in 1780. Vol. II, Lib. VIII, cap. V, p. 16). These governors 
therefore were but '* calpixques," in other words collectors of tribute. This is already 
stated by Oviedo y Vald^ (Vol. Ill, Lib. XXXIII, cap. I, p. 259), speaking of Cem- 
poal, " porque los iudios k ministros, que alii estaban pitra mandarlos, eran oflciales i 
mayordomos de la cilxlad de M^xico.^' The ** Beat Ejecutoria de S. M., Sobre Tierras 
y Reservas de Pechos y Paga perteneciente & os Caciques de Axapucso, de la Jurisdiccion 
de Otumba,** (Col. de Doc's, Vol. II, Icazbalceta, p. 5), calls all the Indians in question 
** enviados por el gran Montezuma." 

This explains the evident contradictions of Sahagun. 

It is a singular fact, but one amply pi-oven by tiie records of the conquest, that no- 
where did the Spaniards, on their whole»march from the coast to Mexico, meet with 
Mexican administrators or rulers of subjected tribes. Quotations are useless, we only 
refer to the remarkable description furnished by Bernal Diez of the events at Quia- 
huiztlan (Vedia II, Cap. XLVI, pp. 40 and 41), which culminated in the violence done to 
the " recaudadores de Montezuma.^' This scene, which is highly characteristic, has 
been beautitully " remodeled," through a few omissions, by our own great W. H. Pres- 
cott (" History of the conquest of Mexico,** 1869, Book II, chap. VII, p. 349). There is, 
finally, abundant proof of the fact that neither the Mexicans, nor any of their confed- 
eratet", ever attempted to change or subvert the organization and mode of government 
of any of the tribes whom they overthrew. I refer to Oviedo y Valdis (Lib. XXXIII, 
cap. XLVI, p. 502). Torquemada (Lib. XIV, cap. VIII, p. 547). IxtUlxochUl (Histoire 
des ChichimXques, (Cap.XXXVIII, p.273). Andres de Tdpia (" Relacionsobre la Conquista 

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proper, who dwelt, as elsewhere established by us, on the partly 
artificial islands in the lagune of the Mexican valley."'^ Besides 
the prominence acquired by them in the annals of history, it may 
safely be assumed that, in a general manner, their Institutions are 
tj^pical of those of other sedentary tribes.® 

Tnbal society, based according to Lewis H. Morgan upon kin, 
and not political society which rests, according to the same author, 
upon TERRITORY and property, must therefore be looked for among 
the ancient Mexicans. It remains for us to establish its degree 
of development, its details, and the manner of its working. 

In order to comprehend the true nature of these questions, we 
should secure as much information as possible of the past of the 
tribe under consideration. Institutions are never wilfully or acci- 
dentall}' created, but evolved ; in other words, they are the result 
of growth in knowledge and experience.^ The great difference 
existing between tribal society and political is explained as a dif- 

de Mixicot" Col. de Doc., Vol. II, Icazbalceta, p. 561, and especiaUy p. 692), '^ Mexico 
tenia en 8u tiempo en el hacer guerra esta di'den ; que yendo ft la giierra, al que se daba 
de paz BO tenia sobre ^1 tributo cierto, sino que tantas veces en el afio lo Uevaban pre- 
sente ft su discrecion del que lo Uevabu; pero si era poco niostribales raal rostro, j si 
mucho agradeciaselo. Y en estos no ponia mayordomo nl recaudaUor ni cosa; el senor 
Be era senor. Los que tomaba de guerra decian tequitin tlacA>U, que quiere decir, trib- 
utan como esclavos. En estos ponia mayordomos y recogedorcs y recaudadoi*es ; y 
aunque los Senores mandaban su gente, eran debajo de la mano destos de Mexico . . . 
. ." Motolinia (Trat. Ill, cap. VII, p. 185), Granados y Galvez. (5th night, p. 168), a 
singular picture of purest feudality, for which Gomara may be responsible in pan. 
Ramirez de FuetUeal {Letter ofith Nov,, 1532, 1st ; " Recueil,** (pp. 245, 246, and 247). Zur- 
ita '* liapport,** (p. 16), to be compared with Mendieta and Toi quemada. 

Consequently there was no tendency towards uuidcation or nationalization in all the 
succcsslul and extensive raids which the Nahuatlaca of the valley ot Mexico carried 
on for a full century. No organic body, larger than the tribe, resulted from these san- 
guinary forays ; because the confederacy itself was not the end, but the beginning of 
these undertakings. This Justifies the view which I shall hereafter advocate in regard 
to the nature of that confederacy namely : as a mere partnership to cany on the busi- 
ness of warfare the latter in turn being part of the mode of subsistence. 

» •' Based upon territory and property " according to L. H. Morgan, in contra-distinc- 
tion to tribal-society, based upon ''Kin.'' {^^ Ancient Society," chapter II, page 62). 

••'^r«o/ fPar," p. 95. 

1 ''Art of War," p. 150. " Tenure of Lands,'' pp. 421, 422. 

•''Ixtlilxochitl (HUtoire dea ChichimUquea," Cap. XXXVI, p. 245). "Ainsi, tout 
ce qui se dit de Tezcuco doit s'entendre aussi des deux autres, . . . ." Gomara {ip. 440, 
Tedia, I). **To speak of the Mexicans, signifies as much as speaking of all New 
Spain." The title of tlie section is : *' Costumbres de los hombres," and the original text 
reads: '"Hablaudo de m^jicanos, es hablar en general de toda la Nueva-Espana." 
Although Zurtta (p. 5) insists upon the variety of customs among the aborigines,— 
changing from settlement to settlement, ftom tribe to tribe,— his own report furnishes 
the proof of the contrary, and it is evident from the text that he alludes principally to 
the diversity in languages and dialects. 

^Morgan (''Ancient Society f'* Chap. I, p. 6). 

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ferent state of progress. Bat Institutions have grown out of the 
relations between the sexes, and the increase of the human species 
and its propagation. Had political society existed in Mexico, we 
should be entitled to find there a plain and definite conception of 
the family.^® Whether such is the case a glance at the system of 
consanguinity of the ancient Mexicans, as far as it may be possi- 
ble, will tell us. 

Among American aborigines of low culture, in fact over the 
widest area once held by the "Indian" race, " mother-right " ruled 
supreme. The tangible fact, coarsely expressed, that a child was 
always sure of his mother ^ whereas it might not be equally certain 
of his father,^^ created in course of time and with increased num- 
bers a tendency to aggregate into clusters whose basis was cer- 
tainty of descent in common. These clusters were the kins, 
significantly termed "lineages" by Spanish authors. Such as 
traced back their descent to a common mother therefore composed 
one of these, regardless of their male procreators. The family — 
consisting of a group which includes children as descendants of 
both parents — was not yet recognized, and the kin took its 
place for all purposes of public life. It formed the unit of social 
organization. With the growth of knowledge and experience how- 
ever, and a coiTCsponding increase of wants, the importance of 
man rose correspondingly. " Mother-right " began to yield ; female 
descent to change to " descent in the male line." Nevertheless 
the kin remained the unit of social agglomeration, with the only 
difference that it was reckoned through males instead of by fe- 
males. It required the final overthrow of the kin as a public In- 
stitution to bring about the present shape of that intimate group, 
the family, among the most highly advanced nations.^^ 

The two extremes of growth of the family, as characterized by 
the inception of the kin, and by the family after the obliteration 

^0 {Ancient Society,** Chap. II, p. 78.) For Uie so-caUed "Descriptive Syetem of 
BelatioDsiiip/' compare. L. H. Morgan (•* Systems of Consanguinity and Affinity of the 
Human FamUy,** Cliap. II, pp. 16, 12, 13). 

"Tills assertion is found in various autliors. I siiall quote but one: Gregorio 
Garcia, (" Origen de los Indios de el Nuevo Mundo e Jndias Ocddentales," second 
edition, 1729, Madrid, Lib. IV, Cap. XXIII, p. 247). 

i5» Altliougli it is entirely out of the line of these researches to enter upon a dis- 
cussion of Primitive Marriage, I was compelled to refer to the question of kin in such 
a manner as to explain at least the importance of that group in the history of society. 
For anything else, the works of Mr. Morgan, Sir Henry S. Maine, John F. Mc Lennan, 
and some publications of Dr. Ad. Bastian, should be consulted, besides a great number 
qf others too numerous to mention here. 

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of the former, are distinguished by the terminology of relationship. 
In the case of the former, relatives are at once classified ; in the 
latter instance, they are merely described. Now, our investiga- 
tions of the customs of Inheritance among the ancient Mexicans 
have led us to the conclusion that they had already achieved 
progress to descent in the male Une.^^ Actual family existed among 
them in its incipient form at least. 

But we meet here with a singular feature in designating rela- 
tionships. Ascending from the " Ego," as point of departure, we 
find the following terms in the Mexican (Nahuatl) language. 

Father : ' ' tatli " — " teta." ^^ 

Brother of father or mother (paternal or maternal uncle) : 
"tlatli" — "tetla."i5 

Grandfather: '^tecul." Granduncle: "tecol."^® 
Great-grandfather: " achtontli." ^^ 

i» " Tenure of Lands " (p. 429, note 106). 

^* Molina (*' Vooabulario,'* Part la, p. 91 ; Ila. pp. 106, 91 ). Besides the phinil *' tetatziD/' 
the names, " yzcaoauhti," ** teizcaoaoh," are also mentioned (I^ p. 91). The former is de- 
fined (II, p. 48) as " natural father." It derives from " Izcalia" or " ninoizcsalia"— *' to 
give life" and "acauhtli." The latter evidently is an abbreviation or corruption 
fVom **nitla teachcauhaia"— **to be preferred in what is distributed, or in a distribu* 
tion" (II, p. 2\ which in turn is at the root. of ^^teachcauhtin"^" elder brother" (II, 
p. 91). It is superfluous here to quote authorities in suppoit of the fact that ** ach " is 
f^uenUy corrupted to *'ac," or the inverse. In Cakchiquel: *'Tata" See BrOiseur 
de Bourbourg (** Grammairt de la Langue Quichitj etc.** pp. 217, 218). The root *' Ta " is 
also found in other Indian idioms, See : Oatschet (.Zwblff Sprachen aua dem Sudwetten 
J^ordamerika8f" p. 137). • 

^^ Molina (I, p. 180; II, p. 140.) AU the difference consists in the insertion of 
the letter *'l" after the "t." ^'Tetla" is but an abbreviation of 'Te-tutli," ftt>m 
<*Tehuatl" thou, p. 94, and father, which is also shown in the alteration of *' tatli" to 
*' tay ta " or '* tata ; " the name given by children to theh* father (p. 91, II). Corresponds to 
the qquich^ ** tat " {Broiseur de Bourbourg, ^* Qrammaire, etcJ* p. 218), and to the 
Itfuysca " Ze paba" C' P&ba" father). Morgan after Urieoecbea {** Sy sterna of consan- 
guinUVr^* p. 265). 

1* MoUna (II, p. 94; II, p. 93). Here again the change from "u" to "o'' appears, 
which i&so frequent among older authors. For inst^ Tezcoeo and Tezcuco, OmetochUi 
and OmetucbtUy Tlacopan and Tlaeahua^iMn, QUi and UUi^ etc. etc. Such changes are 
very excusable, they proceed from the Indian pronunciation of vowels. Ou this 
subject compare, althongh it conceins properly but the Qquichua idiom of Peru, the 
excellent essay of Senor Don Oavino Pacheco y Zegarra of Puno, entitled *^ Alphabet 
phonUique de la langue Qquichua^*^ published in the 2nd volume of the *' Compte Rendu 
du Congrte International de$ Amdricanietes," at Nancy, in 1875. He says (p. 803) 
** D'autre part, le kehua diffSrant osseiitiellunent des langues romanes, surtout en ce 
qui concerne les sons ^l^mentaires, il est impossible de donner une id^ exacte de ces 
sons au moyen du seul alphabet latin. . . ." In regard to "O" and '*U," see pp. 306, 
307, 308. etc. What the author says of the Qquichua applies exactly to the Nahuatl also. 
See Molina (" Prologo y Avisos," 3d page "* Aviso septimo"). ' 

^''Molina (I, p. 117; II, p. 2). Literally, *♦ little prefierred one.'* Compare Sdhagun 
(Lib. X, cap. I, p. 6, 8d Vol). 

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Mother : " nantli " — " tenantzin " — '' teciztli." ^^ 
Aunt : '' auitl "—'' teaui." i» 
Grandmother as well as grand-aunt : '' citli." ^ 
Great-grandmother " piptontli." 2* 
Descending from the " Ego." 

Son : *' tepiltzin," '* tetelpuch." But the women (mother, 
sisters, etc.), call him "noconeuh."^ 

" MoUna (I, p. 80; 11, pp. 68. 92, 98). "CiztU" is probably the same as « CItll.*'— 
hare, or g^'andaunt. The fact that the 'same name should be given to a near female 
^ relative or even to the mother, and to a fleet, timid, quadruped, is very singular. It 
may be that the timidity of the animal has given occasion to bestow the name, or, 
since hare's hair was frequently woven into fine mantles, together with feathers, that 
this also may have given rise to it. The latter is first mentioned by Peter Martyr, of 
Angkiera, •• De nouo Orhtj^* or the " Historic of the We»t Indies^ etc., etc." London, 
1612. An English translation by Michael Lok and Richard Eden, of the famous 
*' Decades,'* alfe^o entitled " De Rebus Oceanicis,** (Dec. V, cap. X, p. 229), he mentions 
having seen among the objects brought to the court of Spain by Juan de Ribera, gar- 
ments; *'they compact of Conies haire, and they set these feathers in such order 
between the Cony haire, and intermingle them between the thriddes of the cotton, and 
weave them in such difficulty, that we do not well understande how they might do it.'' 
Sahagun (Lib. XI, Cap. 1, p. 157) mentions another animal to which the name '^cioatla- 
macazqui" is given, which he translated ^* 111 tie old woman," basing upon its other 
designation of *' tlamaton." 

The reverend father is, however, in error. The first name signifies literally, 
*' woman medicine-man," or ^* female doctor " (Indian notion of course), and the second 
"little medicine-man," from "ciuatl" woman, Molina, II, p. 22, **tlama"— medicine- 
man, (II. 125). This animal seems to be the Raccoon, as the following quotations 
prove : Joannis Eusebius Nieremberg^ (" Historia natures maxina peregrime,** Antwerp, 
1635 Lib. IX, Cap. XLII, p. 175). *<Antra canitates montiuin atque collium Tzozocolci 
hospitatur animal peregrinum, quod ciincta manibns praetentat. Mapach ab Indis 
dicitm*, bed non firmo nomine; alij illamaton sen vetulam appellant, alij maxtlc seu 
gossypinum clngulum, alij cioatlamacazque seu sacerdotissam." Oviedo y Valdis 
(Lib. XII, Cap. XXXIX, p. 422), he calls '' Co^umatle," an animal which is probably 
the Coati, makes no mention of the " mapach," but Clavigero (Liu. I, Cap. X, p. 76) 
treats of this animal Ailly. 

The naming of a female relationship, *'CitIi" appears the more strange, as this 
name is given, in the Mexican mythological tales, to a god who tried to compel the 
sun to move, and lost his life in the attempt. This story is due to Andr4s de Olmos, 
neither Sahagun nor Motolinia mention the occurrence in this manner. Compare 
Sahagun (Lib. VII, Cap. II, p. 245, etc., etc.); Mendieta (Lib. II, Cap. I, pp. 77, 78) and 
Torquemada (Lib. VI, Cap. XLI, p. 76). Both refer it to his authority. We shall refer 
to it in our essay on " Creed and Belief." 

'»3f«Kna (1, 113; 11,9,91). 

90 Afolina (1, 113 ; II, 22). See note 18. 

2» Molina (I, p. 117; II, 82). There is also, " nipipinla"— "pararse flaco de vejez," 
and "Pipinqui ynacayo " — " viejo flaco y arrugado." The affix *'tontli" is a 

^^ Molina (I, p. 71). A singular etymology is shown here: The man says, 

\ ThHrS ^""^ ""^ i" TheirS ^'*''^^' ("Te-pdtzin"--Te-telpuch"^^^ ,.^^„ 

"thou "> 

" their " S **"^ " PWtzintli," child, male or female, (II, p. 82,) and " Telpochtll," youth, (p. 

96). The woman, however calls : " my child " (or boy, since the same name is for both 

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Daughter: "teichpuch," "tepiltzin." Women call her "tecon- 

Grandson or granddaughter, male or female cousin, are called 
alike, to wit: "yxiuhtli"— "teixiuh."24 

Nephew and niece are called: "machtli" — "temach" by the 
males. The females however address them : " nopilo." ^^ 

This brings to light some very curious facts. 

In the first place, the following grades of consanguinity are 
called by the same names respectively: grandfather and grand- 
uncle, grandmother and grand-aunt, father and uncle, grand- 
daughter, grandson and cousin, nephew and niece. 

sexeB), IVom "conetP*— "nifioo nifia'* (11, p. 24), and the possessive pronoan "no" 
according to H. H. Bancroft. " Native Races of the Pacific StateSy" (Vol. Ill, Cap. IX, 
p. 734), or "noca**— "of me" (Molina, II, 72). These are, however, not the only 
appelhitions. We have besides : 

Children of both sexes and grandchildren, collectively: "tepilhuan, teixhuan" 
(I, p. 71). The first one is easily decomposed into "te" theirs, "piltzuitli" child, 
and a possessive affix "huan" Bancroft {*^ Native Bacee,** Vol. Ill, Cap. IX, p. 

Oldest son or daughter "teyacapan" " yacapantli »' (p. 71, 1). From " nicyacatia," 
to be the first or leader (II, p. 22), "yacatl"— nose probably on account of its 
protuberance, (II, p. 22). 

Second son or daughter, "tlacoyeua" " tetlamamallo '* (p. 71, I). The first one 
might possibly derive fVom "centlacol"— one-half (I, p. aS), since Molina adds 
(II, p. 118), " el segundo hijo 6 hija, o de tres o quatro engendrados 6 nacidos." The 
etymology of the other, if correct, would be singular. It is either fVom " tetla" uncle, 
and "tetlan nina mamali" "hender, meterse entre mucha gente'^ (II, p. 52), or fVom 
" te" their and, " Tlamama" carrier of a load (II, p. 125). In both cases it indicates 
an inferior position. 

Youngest son or daughter "xocoyotl" " texocoyouh ** (I, p. 71). Definitions too 
doubtful. Finally, there are the surnames, or caresses, like, " cuzcatl^uetzalli " — 
collar of chang^ing green hues,— "tecuzeanan"— "tequetzalhuan »' (I, p. 71), which all 
have the same significance, in a general way, of "precious gem'' or "jewel." These 
metaphorical names are found profUsely in Tezozomoe (" Crdnica Mexicana:*) 

The fact, above noticed, that while men, if strangers, address boys, " their boy,*' 
while women call them " my boy,\' is perhaps significant. It might be a lingering 
remnant of " mother-right." 

«» Molina (I, 71), derives ft-ora " Ichpocatl" (girl, II, p, 82.) So far teichpeuh,— the 
other two are already explained. 

9* Molina (I, pp. 88, 98). But there is also. " Nieto 6 nieta dos vezcs," " ycutontll " 
"teicuton." Now, according to the same authority (II, p. 34), the older brother or 
sister calls the younger " n. icuh " (" n " as abbreviation to " no "). Consequently, the 
signification would be, " little younger brother or sister." 

'^ Molina (I, p. 109; II, 51, 73). In this case the woman again calls them " my child" 
(" no " my, and " piltzintli " child). The custom of giving different names to relation- 
ships, by women and by men, is found in Peru among the Qquichua and Inca. 
Compare Garcilasao de la Vega, **Histoire dea Incoi Boi» du P4rou." (French trans- 
lation ftom the original Spanish, by J. Baudouin, Amsterdam, 1704. Lib. IV, Cap. XI, 
Vol. I, pp. 359, 360). J. J. von Tschudi (" Peru" Beiseskizzen, St. Gall, 1846, an excellent 
book. Vol. II, Cap. X, p. 880). A similar custom also appears in New Granada among 
the Muysca. L,ff. Morgan (" SystenM cf Consanguinity, etc.." p. 266, after Uricoechea). 

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Secondly, the relationships in the descending scale are nK>re 
closely described than those in the ascending scale. 

Thirdly, in some instances women give different names from 
those given by men. 

It results from it, that the classificatory system still, to a great 
extent, predominated in the ancient Mexican nomenclature for re- 
lationship, while the more modern descriptive system appears in a 
minority of cases only. This leads to the inference that the Mex- 
ican family itself was yet but imperfectly constituted. It was not 
yet so established as to form a definite group and hence cannot be 
expected to exercise any influence in the matter of public social 
life. We are, therefore, again justified in looking to the kin as the 
unit of social organization, within the limits of that widest aggre- 
gate, the tribe.^ 

Traditionary tales about the earliest settlement of man in Mex- 
ico as well as in Central America, distinctly ascribe it to " lineages " 
or relationships. The tribe is merely implied, and appears in a 
definite form only after this settlement has already occurred. 

The " Popol-Vuh," or gathering of the cosmological and tradi- 
tionary records of the QQuiche tribe of Guatemala, after enumer- 
ating the four wives of the four first men created, even says: 
"These [their spouses], engendered mankind, the lai^e and small 
tribes: and they were the stock of us, of the QQuich6 tribe." 
This indicates, perhaps, descent in the female line at a very early 

»• Dr. Adolphus Battian, " Ueber die EheverhdltwU$e," (" ZeUaekH/t fdr Efknologie," 
Berlin, VoL V, 1874) presupposes a family* definite and distinct : "Aus der Ehe, alu 
erster Kreisung der Gesellschaft geht die Familie henror, in ausgedehnter Peripherie 
als gens (unter Erweitemng durch die Agnaten) aus urspnisnglichen Patriciem ; wo 
der Clan nnter Anfuahme flctiver Venrwandten and zagehdrigen seinen abschluas 
untcr den Patriarchen bewahi't.'^ Sach views offer a sufficient explanation, when 
applied indiscriminately to the inhabitants of aU the continents, why the organization 
of some aborigines of this continent is still regarded as monarchical. The nature and 
ftinctions of the Indian kin are completely misunderstood and proportionately misrep- 
resented. (See also Id., p. 396.) 

37 «« Popol- FtiA" (Translated from the original QQuich^ by the Ahbi Charle* Etimne 
Bra$8€ur de Bourhourg, Paris, 1861, Part III, cap. Ill, p. 205). *' E pogol vinak, chuti 
amag, nima amag; are cut u xe kech, ri oh Queche>vinak; tzatz cut x-nxic ri Ahqixb 
Ahqahb; mana xa E cahib chic x-uxic, xere cahib ri qui chnch oh quiche vinak.'* Mr. 
Brasseur translates " vinak ^* alternately as men, tribes,' and nations. According to his 
own vocabulary, however, it means but ''man*' or •'the inci-ease" (See** Orammaire 
QQtiichi," p. 233). In his translation of the '< Babinal-Achi " (*' Grammaire '* First Scene, 
pp. 27 and 35, and other places), **vinak'' is also rendered as chief. But the true 
QQuich^ word for tribe is '* amag'* ('^ Grammaire,** p. 167). This alters the sense to the ex- 
tent that instead of '*QQuich^ tribe '' it ahould read ''men of QQai<^^" or rather ''QQnlch^ 

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The fir^t settlement of Chiapaa is ascribed, la the tale of Yotan, 
to seven families,^. But there is still another and more remarka- 
ble tradition connected with it. Like the Aborigines of Mexico 
of. Nahuatl stock, the Taraaca of Michhuacan, the Maya of 
Yucatan, and the QQuiche, OakcJiiquel and Zutuhil of Guatemala, 
the Aborigines of Chiapas had a month composed of twenty days, 
bearing each a particular name. It is positively asserted by very 
old authority, that these twenty days were named after as many 
chiefs of an equal number of lineages or kins, the latter being 
the earliest settlers of the country. Furthermore, among these 
twenty names, four are everywhere prominently distinguished. 

men." The last words "xere catiib ri qui ohiich oh Quiche vinak," are literally: 
*• though four these (which, who) certainly (surely) mother us Cwe) QQuich^ men.'* 
The note by the celebrated Abb^ (p. 207, note3), in which he states that *' mother'' Is 
olten applied to chief, ^nds a parallel in many passages of Tezozomoc when the tribe 
is also addressed as father and mother. Also Durdn (Cap. XV, p. 127). 

The creation of these four men and four women immediately precedes, in the Popol- 
Ynh, the tale of the first sacrifice and the distribution of the idols, and is distinctly 
stated as having occun-ed duiing the time of obscurity, the morning star being their 
only guide and most brilliant luminary (** Popol- Vuh," pp. 209, 211, and 213). Now an 
analogous tale is told by Sahagun (Lib. VII, cap. II, p. 248, etc.), about the first appear- 
ance of both sun and moon. The Gods disputed about the place where the two celestial 
bodies would rise, and four of them, together with f(mr women, looked to the ecat for 
their coming. The QQuich^ tradition '[p. 207), places the coming of these first people 
also in the East. It appears to be, therefore, a tradition originally common to the 
'* Nahuatl " and to the " QQuiche," and its bearing upon the question at issue becomes 
still more prominent. 

3« The two leading sources on Chiapas namely : Nufiez de la Vega (" Constitution 
diocesana del Eatado de Chiapas, Roma, 1702), and Fray Antonio de Remesal (" Historia 
de la Provinciade Chyapa y Guatemala de la Orden de Santo Domingo,** 1619), not being 
at my command now,— I can but refer the student to them, and to the following works 
besides: Lorenzo Boturini Benaducd (" Idea de una Kueva Historia General de la Amer- 
ica Septentrional,*' Madrid, 1770, § XVI, p. 116, copying Nunez de la Vega, 34, § XXX), 
Mariano Veytia y Echeverria (•' Historia antigua de Mejico,** 1836, by Ortega, Vol. I, cap. 
II, p. 15). Clavigero (Lib. II, cap. XII, pp. 164 and 166;. Paul Felix Cabrera (♦• Teatro 
critico Americano,** geiman translation by Lieut. General J. H von Minutoli, incorpor- 
ated in the Iattei''s book. '* Beschreibung einer alten Stadt, die in Guatimala ( Neuspanien) 
unfem Palenque entdeckt worden ist,** p. 30. etc., after Vega also). Brasseur de Bourbourg 
C'Popol-Vuh" Introduction, pp. LXXIII, LXXXVII, CXII, etc). Alex, von Humboldt 
(" Vues des CordiUSres et monuments des peuples indigenes de V Amerique,*' 1861, Vol. I, 
pp. 382 and 383; II, pp. 366 and 357). Bancroft, H. H., (Vol. Ill, cap, X, pp. 450 and 454; 
and especially Vol. V, cap. HI, from p. 1^ on). As usual, very full and valuable, al- 
though he does not mention any source older than Nunez de la Vega. Finally, A, 
Bastion (•• Die Culturlaender des aUen Amerika," 1878, Vol. II, pp. 360 and 362). The 
latter says that Voian found Chiapas already peopled. Tins is not confirmed by what 
I know of Vega and of the other (later) authority Don Ramon Ordonez y Aguiar ('^His- 
otria de la Creadon del Cido ydela Tierra " MSS. at the •* Museo Nacionai " of Mexico). 
Volan was " sent to divide and distribute the land " Cabrera says {'^Beschreibung, etc.," 
•• Teatro,** p. 33), basing upon verbal communications of Ordonnez y Aguiar: "He 
(Votan) assui«8, that he brought seven families to this continent, of Valum Votan, ahd 
assigned land to them." 


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They not only indicate the first day of each " week " of five days, 
but they also designate the years of the calendar. It is well- 
known that the largest authentically established cycle of Central 
American and Mexican natives consisted of 52 years, that is of 
a thirteen-fold recurrence of the same series of four, named alike, 
respectively as one of the four initial days of the weekly indic- 
tions. This peculiarity, coupled with the positive description fur- 
nished in the " Popol-Vuh " of the segmentation of four original 
kins into a number of smaller ones, and with the fact that nearly 
every aboriginal settlement, at the present time, divides into four 
principal groups of inhabitants, becomes suggestive of the infer- 
ence, not only that the consanguine group was the original type 
of social organization at the remotest period, but that the ethnog- 
raphy of Mexico and Central America may even be derived from 
a segmentation of primitive kins, and reassociation of these frag- 
ments into tribes, under the influence of time and mutation of resi- 
dence, dialectical variation aiding.^ 

«» Without quoting superflnonsly to prove well-known facts— household words so to 
say, in Mexican and Central-American archaeology— we will place side by side the 
names of the days of the Mexican, Nicaraguan, Yucatecan, QQnich^, Chiapanecan, and 
Tarascan month. 




Chiapas and 














Ecat or Hecat, 













































































































The four leaders (as I may be permitted to call them), are respectively : In Mexico, 
Tochtli, Acatl, Tecpatl, CaUi. In Michhuacan, Jnehorit Inthihuij InodoUy Inbani. In 
Chiapas, Votant Lambat, Beeny Chinax, In Guatemala, Akbaly Oandy Ah, Tihax. 
Finally in Yucatan, Kan^ Muluc, Gix, Cauac, 

.1 have.not the means of discussing the Tarascan calendar of Michhuacan; it is snf- 

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It is not surprising therefore if, of the earliest traces which are 
met with concerning such Aborigines as spoke the "good sound" 

flcient for my pui*po8e to establish its identity, in system, with the others. The Nicar- 
agnan days are corruptions of the Mexican names, the '^ Niquiran ** being a " Nahnatl ^ 

Taking now the four remaining groups, we place opposite to each word its transla- 
tion or interpretation so far as I can trace it, which is of course not always possible. 


Cipactli, Marine mori' 

Ehecatl, Wind'. 
CaUi, House. 
Cuetzpalin, Lizard. 
Cohuatl, Snake. 
Miquiztli, Sl-uU. 
Mazatl, Deer. 
TocMfi, Rabbit. 
Atl, Water. 
Ttzcuintli, Dog. 
Ozomatii, Monkey. 
Malinalli, A'fio< or twist 
Acatly Cane. 
OceloU, wad cat or 

Quauhtli, Eaale. 
Cozcaquauhtli, ViU- 

OUin, Motion. 
QuiHhuitl, Rain. 
XochitXy flower. 



Imox. Swor^sh. 
Ig, Breath. 
Akbal. chaos ( ?). 
Cat, Lizard. 
Can, Snake. 
Camey, Death. 
Quich, Deer. 
Ganel, Babbit. 
Toh, Shower. * 
Tzy, Dog. 
Batz, Monkey. 
Ci, Broom. 
Ah, Cane. 
Itz, Wizard. 
Tziquin, Bird. 
Ahmak, Otol. 
Noll, Temperature. 
Tihax, Obsidian. 
Caok, Rain. 
Hunahpu, Shooter out 
of a tube. 


Ymix, Dragon. 

Yk, Breath or wind, 

Akbal, (See below). 

Kan. Snake. 


Quimij, Death* 

Manik, (See below). 




Chuen. (See below). 

Eb, Staircase. 


Gix, Wizard. 

iien. Builder i,?). 

Quib, Gum or wax. 




tVjau, Chief, 





Chanan, Snake. 

Abah, StoM ( ?). 






Batz, Monkey ( ?). 










For the interpretation, as above attempted, I have consulted the following very 
limited number of authOYB : — Brasseur de Bourbourg {** Relation des chosesde Yuc 
atan, etc.*' ** Popol- Vuh,** •• Grammaire Quichi,*' ** Ruines de Palenqu^,**) H. H. Bancroft^ 
(Vol. II and III). Orozco y Berra, (** Geografia de las LenguaSy") and other sources. 
Mr. Bancroft translates the QQuich^ ** akbal '^ by chaos. I would suggest *' household,** 
basing upon the following note of Mr. Brasseur : ('* Chronologia antigua de Yucatan, 
etc.,** por Don Juan Pio Perez in " Choses de Yucatan,*' p. 37ft). ** Akbtd, mot vielll qu' 
on retrouve dans la langue Quiche avec le sens de marmite, vase, pent Stre le mSme que 
le mot con ou comitl des Mexicains." Sr. Perez says about the word : " desconocido : 
tambien se halla entre los dias chiapanecas, escrito Aghual,** (p. 374). In this the learned 
Yucatan is mistaken, for Aghual corresponds to the Maya and QQuich^ **AJHu'' or 
** Ahau." Now the pot or rather kettle, was distinctly connected with the housewife, 
and the word ** Akbal" being, as the Abb^ tells us, out of use, the suggestion that it 
may have been used to indicate something like the Mexican <*Calli" — house,— is at 
least permitted. 

I have deliberately translated " Kan ** by snake, instead of by ** cord of hennequen ** 
as Plo-Perez has it (p. 372). Compare note 1 by the Abb4. 

Manik is interpreted by Plo-Perez as follows : " es perdida su verdadera acepcion ; 
pero si se divide la espresion man-ik viento que pasa. quizA se entcnderia lo que Ai^." 
If this is accepted, then the signification might be: '* fleetness," •' swiftness," or "rap- 
idity," — some of the attributes of the deer, which is the corresponding sign in both the 
Mexican and QQuich^. 

Chuen, for the reasons indicated by Brasseur (note 3, p. 372 of " Chronologia, etc.,*') 
should be *' monkey," as well as in the three other idioms. 

In regard to "Gix" Sr. Orozco y ifcrra (Part II, V, p. 103), copies the three inter- 
pretations of Don Pio-Pei*ez, one of which amounts to **the act of plundering or rob- 

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<M*^'NaliuatL" language in Me^co, we gather the information that 
they started off in banda constituting ^^ lineages *' or kins. This 

bing a tree." Might there be any yagae connection between ibis and tbe Mexican 
" OcelotI " or beast of prey ? 

The word " Cauac " is mentioned as << desconocido ** or disused. Still the analogy in 
sound with the QQnich^ '*Caok" rain, is striking, as well as with the Tzendal 
** Cahogh " and finally aliM> with the Mexican ** Quiahuitl." 

In regard to tbe calendar of Cliiapas, I regret to say that the material at my com- 
mand is by far too limited to venture much of an interpretation. Not one of the few 
Tzendal vocabularies or Grammars yet existing is within my reach. Still I must 
note hera: **Chan" in Tzendal signifies Sitake, therefore my translation of *" Chanan.'' 
Brasteur de Bourbcurff (** Becherches 8ur lea Ruinea de Palenqud,*' Cap. II, p. 32, notes 4 
and 5). 

•* Abah ^ probably Stone ("* PaUnquiy" p. 65, note 5). 

"Batz " as monkey, is identified with tbe thi-ee other signs of the same day by Braa- 
eeur (•• Popol- Vuh,** Introd. p. CXXX V, note 6, Part II, cap. I. p. 69, note 4). 

Furthermore, the signs Imox, Igh, Uix, and Cahogh are, in sound at least, analo- 
gous, if not identical, with tlie corresponding signs of the QQuich^ and Maya calen- 
dars, and the signs Lambat, Molo, Been, and Agbual, are nearly alike to those of 
tbe same days of the Maya alone, wliereas, Tzibin reminds of the Tziqtiin in QQuich4. 

Taking now the Mexican calendar as a basis, we cannot fail to notice : 

(1). That fifteen of its signs are identical with those of the QQuich^. 

(2). Three are absolutely identical with signs of the Maya, and five more are 
presumably identical also. 

(8). Two are identical with signs of the Tzendal, and two more presumably so. 

Therefoi-e our assumption appears justified, that:— 

(1). The Mexican and QQuich^ names of the days have a common origin. 

(2). That the same is likely in regard to the Maya, since the Maya and QQuich^ are 
regarded as belonging, linguistically, to tlic same stock. 

(3). That a presumption in favor of a similar relation towards the Tzendal of 
Chiapas may be admitted since, besides the four signs recognized as common to both 
calendars, there are at least eight more which, in souud, are identical with others of 
the Maya and QQuicb^. 

I feel authorized, consequently, to conclude:— 

(1). That the names of the days given by the four llnguistical clusters above stated, 
were probably, originally identical. 

(2). That these names, therefore, had a common origin. 

This origin is stated as follows :— 

Mendieta (Lib. IV, cap. ZLJ, p* /^7), '*and these Indians affirmed, that in ancient 
times there to this land twenty men, and the cliief of them was called Cacalcan. 
.... This writes the bishop of Chiapas. . . ." This bishop of Chiapas was Frajf 
Bartolom^ de La$ Casas, who, in the MSS., " Biatoria apologitica de Indiaa** (VoL III, 
cap. 124), appears to be more detailed. I quote Las Casas from Brcuaeur and ft'om 
JJ. H. Bancroft^ (Vol. 3, p. 466), wliere he says (Cap. 123),— the MS. .tself not being 
accessible to me. Now it is commonly admitted, and this admission (whether correct 
or not) is so general, that no quotations are needed in evidence, that Cuculcan or 
Cocolcan is identical with the Mexican Quetzalcohuatl.. To Quetzalcohuatl, however, 
IS attributed the formation of the Mexican Calendar. {Torquemadat Lib. VI, cap. 
XXIV, p. 62. Aieudieta, Lib. U, cap. XIV, pp. 97, 98.) 

In regard to the origin of the Tzendal Calendar, the tradition is very clear. 
BotuHni ('• Idea, etc.," § XVI, pp. 115 to 121). Quoting Nunez de la Vega (32, § XXVUI 
of the " Constitucion Dioceaana ") '* y prosigue el Prelado diciendo, que al que llama- 
ban Cosldhuntox (que ea el Demonio, aegun loa Indies dicen^ con trece poteatadea) le tienen 
pintado en SillUf y con haataa en la cabeza como de camero, quando dicho Coslah^ntox 
•e ha de corregir ^p Ymos, 6 Mox, y no esta puesto en el Kalendario por Demonio, 

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Was the csL^e wttli thef so*called *« Tolteds," ^^M With all their 
Suceessorsi such as thcJ ** Tezcucans," **Teepanecan8," attd others, 
including the ancient Mexicans,^^ 

^dino por cabeza de los veinte Sefiores, Symbolos de los diaBde el Afio, y aSsi Tiene & 
ser el primer Symbolo de ellos.*' (See alsd Idetn, pp. 118, 119, qubting Nunez de la 
Vega, 33,34, and 35), *» concuerda el Systenia d6 lbs Kalendarlos de Chikppa, y Soco- 
ntisco con el Tult^cb, . . . . pues en lugarde los j]iiatro Oai'actiSres T^cpatl, OalU, 
T<Schtll, Acatl, se sirved los de Chiftppa dequatroFijjuras'de Sefiores, Votan, Lambat, 
B^en, y Chinax, etc., etc." 

Clavigero (Lib. II, cap. Xll, p. 164). "l^he Chiapanccs, if we can place any relt- 
a!nce upon their traditions, were the first Settlers of the New World. They claim that 
Votan, the grandson of the venerable old man who built the groat ark in order-to save 
himself and his lamily during the deluge, and who was one of those who erected the 
high building that reached into the clouds, set out by special command of God, to 

.people the country." Adopted and quoted also by Senor Don Francisco Pimentd, 
(*' Cuadro Descriptioo y Comparativo de las Lenguas Indiginas de Mixico,-^ I8t'5, Vol. II, 

p. 232.) Clavigero (Lib. VI, cup. XXIX, p. 412, Vol. I) *'The Chiapanecs 

instead ot the figures and names of the rabbit, cane, flint, and house, used the names 
Votan, Lambat, Been, and Chinax, and instead of the Mexican names of the days, they 

^a<lopted those of twenty celebrated men of their ancestry, among which the four 
names above mentioned took the same place as among tlie Mexicans the Rabbit and ^ 

. the others." Compare also, in the appendix to the same volume, p. 633, the ^* Letter of 
the Abbi Don Lorenzo Hervas^^^ Ce^ena, 31 July, 1780. Clavigero (Vol. II, ** Disserta- 
tions, etc.," Cap. II, p. 281). After recalling the tradition of Votan, quoting from 
l^nfiez de la Vega, he adds in note b, •* Votan is the name of the leader of the 20 
celebrated men, after which the 20 dnys of the month of the Chiapanecs are named." 
These statements, which rest upon the writings of Nunez de la Vega and of 
Ordonnez y Aguiar, are adopted, among later writers, by :— 

Brasseur de Bourbourg (•* Popol- Fttfc," Introduction, § V, p. LXXII. *' Chronologiat" 

Jn '* Relation de» choses du Yucatan^" p. 374, note 4). 

The identity of the twenty days of the Chiapauecan months tvith the names Of 
twenty leaders of as many kins, is very likely, therefore; and since we have found the 
close resemblance of the Chiapanecan Calendar with that of the Yucatecan Maya, it is 
not unreasonable to suggest: that the names of the Maya days originally denoted the 
same twenty kins also. If such is the case (as the tale of Cucnlcan and of h!s nineteen 
followers also seems to indicate), then the twenty signs of the QQtiich^ have a similar 
origin and finally, the actual identity of the QQuiCh^ Calendar with the Mexican or 
Nahuatl proper leads to the inflerence that the twenty names of days of the Tzcndal, 
Maya, and Nahnall'groups of 8edentai*y Indians in Mexico and Central America, indl 
cate a common origin of these three clusters, from tioentp kins dr clans, or gentis, at a 

remotes peHod. 

Within these twenty kins there appear /our more prominent than the other. This 
again may indicate a still older derivation from four, out of which the remaining 
sixteen sprang through segmentation. How snch segmentation may occur is plainly 
stated in the " Popol- Vuh.'* and has been fully referred to by me in " Tenure of Lands'^ 
Cp: 391, 892, note 7), to whicli, in addition to the Indian autborityj and to Mr. Morgan's 
*^Ancient Society " ( Part II, Chapter IV), I beg leave to dh*ect the ** curious reader." In 
regard to the actually prevailing division of Indian settlements into four quarters, it is 
asserted by Srawenr de Bourbourg X** Popol- Vuh,*' Introduction,* p.- 117), **Enfin, 
presque toutes les vflle» ou tribu^ sont paitag^s en qnatre clans ou qnai'tiers, dout les 

' chefs forment le grand conseil.** 

I give the above as mere suggestions, begging for their acceptance in a kindly way, 
since they are not intended t6 be thrust uponthie leader as ** results.** But I cannot 
resist the temptation to submit some remarks here, on otiier peculiarities exhibited 

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About the middle of tlie thirteenth century the Mexicans 
while ou a migration towards more southern regions, made 

by the so-called calendars Jast named, which pecniiaiities may throw some light on 
the quet'tions raised, as to whether they originally denoted kins or not. 
o With a single exception (Cipactli). the Mexican and allied calendars contained the 
name of not one object, or phenomenon, which might not be met with $fymewhiTt over 
the wide area which the three linguibtical stocks occupied at the time of the Conquest. 
Still, as 8r. Orozco y Berra strikingly proves (*^ Oiogrofia de lai Lengmu,** Parte Ua, 
Cap. V, p, 107), the Mexican month contains the names of animals unknown to the 
ultimate home of the tribe as well as to more northern regions. Thus the numkeif 
("Ozomatli^) is not found on the high central tableland. In regard to the sign 
Cipactli, I shall elsewhere refer to this sign, which may perhaps denote a '^ cuttle-fish" 
of monsti'ous dimensions. 

Supposing now (since we have no proof yet to the contrary), that this *^ marine 
monster^ was also an inhabitant of tropical seas, it must strike us that the twenty 
signs for the days of the aboriginal calendars under consideration 

(1). Represent types and phenomena which are met with, not excUuivelgy but atUl 
aUy Within the area of Mexico and Central America. 

(2). That some of the animal types are limited to tropical and low regions only. 

(3). That none of the animals belong exclusively to the temperate zone of North 

Consequently, that these signs are of a meridional origin, and even, taking into 
account that the monkey is not found in the valley of Mexico, that they originated to 
the touth of it. Still, the four ** Leaders,** as I have called them (the first signs of 
each ** week " of five days), namely : Rabbit, cane, fiint, and bouse,— might as well 
have l)een selected at the north. 

It is a fact abundantly proven, that the kins or gentes composing the tribes of North 
America are named after a principle identical with that found in the naming of the 
days among the aborigines of more southerly latitudes, namely : after objects and 
natural phenomena. Mr. Morgan has given the names of the gentes of at least thirty 
trilies, consisting in all of two hundred and ninety six rentes. Of these two hundred 
and ninety-six names, ninety*eight are signs of the Mexican days, repeatedly found in 
the different tribes. These signs are as follows :^ 

Itzcuintli. Dog, mostly found, however, as wolf. 22 times. 

Qiiauhtli, Eagle 12 '* 

Cozcaquauhtli, Hawk (although it is the ** ringed vultui-e ") 8 " 

MuzatI, Deer, Elk, Caribou, Antelope 20 " 

CohuatI, Snake 9 " 

Atl, Water (also as •* Ice,'* •♦ Sea," etc.) 4 " 

Miqniztli, Skull (as'* Head") 1 time. 

Ollm (as *'many seasons" and '* Sun") 2 times. 

Calli. House (as *'liigh village" and "lodge**) 3 " 

Tecpatl. Flint (as '•knife") 2 " 

Ocelotl, Tiger (also as ''panther" and '* wild cat") 5 " 

EhecatI, Wind 1 time. 

Ac.itl. Cane (al«o as "Indian corn") 3 times. 

Tochtli, Rabbit (also as ••hare") 3 •' 

Cuetzpaliii. Lizard ("frog") 1 time. 

Xochitl. Flower (as •• Tobacco ") 1 '• 

Quiahuitl, Rain 1 " 

I beg to observe, that if I have added " Cozcaquauhtli " to this list, supposing it to 
be the equivalent of " Hawk," this is a mere suggestion, and not an affirmation on my 

Thus slxteen,»if not seventeen, of the twenty signs of days of the Mexican month, 
ai*e found in North America as " totems *^ probably of aboriginal clans or kins. 

It is further mteresting to note, that of the nine clans composing the Moqui tribes 
of Arizona, the names of seven correspond to signs of Mexican days, C^ Ancient 
Society," Part II, p. 179). What little is known of the Laguna Indians foreshadows a 
similar result (p. 180), thus peimitting the query, whether the pueblo Indians of the 

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their first appearance in the northern sections of the former 
republic of Mexico, as a cluster of seven kins, united by the 
bond of common language and worship.32 The names of these 
seven kins are distinctly stated and it "is not devoid of in- 
terest to notice that some of these names were perpetuated as 
late as 1690 among the numerous "Indian wards" of the pres- 
ent City of Mexico.33 We may as well add here, that these 

centrRl west might not perhaps show a closer connection yet between the very ancient 
Mexican kins as denoted by their days, and the gentes composing their own tiibes. 

After these speculations, which I submit lor what they may be worth, and with the 
distinct reserve that I do not attach any value to them save as hints and queries 
for ftirther investigation, I beg leave to state, that in my fourth paper <<Oii the Creed 
and Belief of the Ancient Mexicans,'' I intend to discuss all these points with more 
thoroughness, and, I hope, with the aid of more suitable material than that now at my 
command. * 

»» Ixtlilxochitl (" Belaciones hisioricaa " *• Segunda Rtlaciohy*'* Kingsborough, Vol. IX, 
p. 328) *' y casi el ultimo de estos anos se juntaron dos cabezas principales y los otros 
cinco inferiores ft tratar si se quedarian en esta tierra 6 si pasarian mas adelante.'' 
Also *^NoticiaB de lo8 Pobhidores y Naciones de esta Parte de America Uamada Nueva- 
EspaTia^^ f" Tercera Relacion de los Tultecas,*^ Kingsborough, IX, p. 393), " Estos siete 

caudillos con todas sus gentes vini^ron descubriendo y pol>1ando por todas las 

paites que Ilegaban.** {*' Bistoire des Chichimi^queSy" Cap. I, p. 13), "lis avaient sept 
chefs, et choisissaient alternativement un d'entr'eux pour les gouverner." In addition 
to authorities quoted on the Toltecs in " Tenure of Lands^* (p. 388, note 7, to p. 392). I 
refer to Vetanourt (" Teatro MexicanOf** Vol I, Part II, Trat. I. Cap. IV, p. 234). 
Oranados y Oalvez (2a Tarde, p. 31). 

*^ " Tardes Americanos" (p. 31), "bien es que los mapas de estos no nos pintan 
tierras, sino familias: y como estos vaguearon sin fixeza alguna por tan varies 

rumbob "It is superfluous to quote authorities in ftill, I but refer to ** Histoire 

des Chichimiques** (Cap. V, pp, 38, 39; X, p. 70). Sahagun (Lib. X, cap. XXIX). The 
whole chapter is very important. Lurdn (Cap. II, pp. 10,- 11, 12, 13, 14, 15, 16, III; pp, 
19, 20, 21, and plates I, to Trat. I*, also pi. I, to Trat. ir). Acosta (Lib. VII, cap. II, 
p. 454, and cap. Ill entire). Mendieta (Lib. II. cap. XXXIV, p. 147). Torquemada 
(Lib. I, cap. XXIII, p. 61 ; cap. XXVI, p. 54; Lib. II, cap. I, p. 78, etc.). Garcia (" OHgen, 
etc.," Lib. Ill, cap. I, p. 81; Lib. V, cap. Ill, p. 321). Herrera (Dec. Ill, Lib. II. cap. 
X, pp. 59, 60). Veytia (Lib. II, cap. VI, p. 30 of 2d Vol.). Vetancurt (Vol. I, " Teatro^" 
Parte II, Trat. I, cap. IX. pp. 254, 255). Chivigero (Lib. II, cap. IV, pp. 146, 147), and 

»3 The number seven (7) is almost generally accepted. Compare " Tenure of Lands " 
(p. 399, and note 21). Besides the authors there mentioned as accepting seven kins, I 
refer to Dr. Ad. Bastion ('* Die Culturlaender des Alten Amerika^^* Vol. II, p. 4(50, note 
2). Cabrera (in MinutoWs PcUenqui^ p. 77. Rather confused). 

*>I have gathered these names out of the following sources: Durdn (Cap. Ill, pp. 
20, 21), Tezozomoc (Cap. I, p. 6, Kingsborough, Vol. IX), Veytia (Lib. II, cap. XII, p. 
91 of 2d Vol.). They are stated as follows : — 

By Durdn. 

By Tezozomoc. 

By Veytia. 






















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Indian wards, their pecnliar organization, and their communal 
lands, disappeared only after the secession of Mexico from Spain, 
not more than fifty years ago.^ 

There is, however, a IVindaiiiental difference between Darin on one hand, and Vejtla 
and Tezozomoc on the other, inasmuch as the former says that these seven names 
were those of the tutelar deities of the seven Icins (" barrios ")* whereas the latter two 
give them as the names of these kins themsekfeg. The ^even tutelar deities are also 
named by them, and called as follows : "*■ Qnetzalcohnatl, TlazolteotU Macuilxochiquet- 
zalli, Chichilciccenteotl, Piltzintenhtli, TezratUpuca, and Mictlantenhtli '' {Veytia^ as 
above quoted). Tezozomoc (p. 6), calls these gods: " Qnetzalcohnatl, Oxomoco, 
Matlnxochiquetzal, ChichilticzententK Piltzintecutli, Metentl, Tezcatlipnca, Mictlante- 

cuhtli y Tlamacazqni, y otros dioses con ellas ^ A discussion of these 

names is very difficult, and its results appear doubtful. Still, we distinctly recognize : 
*• Tlacochcalca," plural of " TlHCOchcalcatl," therefore, "men of the house of darts." 
(See *'Art of War,*' p. 121, note 104). " Huitznahuac." according to Molina (Ila, p. 
157), ^* uitztic '* is a pointed object, " uitztH " a large thorn, but " nitztlan ** is the south. 
** Nahuac," in this instance, probably (or rather possibly), signifies ** among " or '' near 
to,** thus perhaps, "people fVom the south** or "ft-om near the thoi-ns.»* (Example: 
•• Quauhnahnac "— " por de los arbolcs,'* Molina^ II, p. 63. Pinentel " Cuadro descrip- 
tivo, Vol. I, pp. 170, etc.) "Cihnatecpaneca'' from "Cihuatl" woman, and "tecpan" 
official house. "Tlacatecpaneca" fW>m "Tlacatl** man. and "tecpan.** Finally, 
" Itzcuintecatl *' seems to derive from " Itzcuintli *' Dog, and ** tecatl.** The latter again 
decomposes into: "nitla tequi" to cut (J/blino, II, p. 105), and "tlacatP* man, there- 
fore the whole would be " dogcutters." ** Yzquitecatl ** gives a still more curious 
etymology, which is, however, so improbable, that we refrain from mentioning it eve n 

It will be seen at a glance that none of these seven kins were named after the 
Mexican days, the last one alone containing, perhaps, the word " Itzcuintli," but even 
this is very doubtful yet. I shall but refer here to a singular passage in Durdn (Cap. 

III, p. 20). " Ya hemos dicho como traian & sn principal dios, sin cuyo mandado no se 
osaban menear: traian empero otros aiete dioses, que ft contemplacion de los siete 
cuevas donde auinn auitado siete congregaciones de gentes 6 siete parcialidades, los 
reverenciaban con mucha grandeza." 

After the capture of Tenochtitlan by Cortes, its site was reserved by him for the 
erection thereupon of the Spanish city, whereas the site of Tlatilulco became the 
Indian settlement for a time, or rather was intcnde<l for that purpose. Cortes {*'Carta. 

IV, pp. 110, III, Vedia I). Motolinia (Trat. Ill, cap. VII, pp. 180, 181). Oviedo (Lib. 
XXXIII, cap. XLIX, pp. S28, 6^). Juan de Torquemada (Lib. IV, cap. CII, p. 572. 
Lib. Ill, cap. XXVI, p. 209), Herrera (** Descripcion de las Indias OccilenUileSy" Cap. 
IX, p. 17. " Historian* Dec. Ill, lib. IV, cap. VIII, p. 122). Vetancurt (" Cronica de la 
Provincia del Santo Evangelio de Mexico** 4th Part of the "Teatro,*' pp. 124,131, 132, 
212, and 213). 

It is the laUer author, Vetancurt (" Cronica,** pp. 131, 1S2, 212, and 213), who gives 
us the names and numbers of the Mexican quarters, "barrios," or localized kins who, 
under the foi-m of " Indian wards," still existed in 1690. I assume this liate fram the 
fact that the " Licencia" of the " Comisario general de Indias," is dated 17 April, 1692, 
(p. 13, Vol. I, " Te€Uro**). Besides mentioning the four great quarters of Mexico (p. 
124), of which we shall hereafter speak, he says : " Los barrios son veinte, donde estan 
once ermitas fabricadas que sirven para sacramentar en ellas ft los que no tienen casa, 
decente, sirviendo de oratorios del barrio, donde en las fiestas paiticnlares se suelen 
decir misas rezadas, y en algunas fiestas de devocion cuando la piden." He also gives 
us (pp. 212, 213) information about Tiatelnlco,— information which proves that the 
aborigines settled there " en seis parcialidades, que cada cnal tiene sus barrios, y 
veinte ermitas con sus titulares que celebran." This is rather obscure, and I shall 

Kbpout Pkabody Muskum, II. 37 

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While the seren consanguine clasters above mentioned com* 
posed, to all intents and purposes, one tribe as towards out- 
siders, there still appear among them germs of discord which, 
at a later date, caused a disruption of mutual ties. The details 
are too vague and too contradictory to allow any inference 
even as to the real nature of such dissensions.^^ One fact, 
however, is ascertained, namely : that the whole group bore in 
common all the hardships and vicissitudes of a wandering life and 
the encroachments, aggressions and temptations from outsiders; 
that they had sheltered together in a safe retreat, and that only 
when relative safety from violence was secured, a permanent di- 
vision took place. These considerations should dispose of the 

therefore give the names of the Mexican '* barrios" by the side of the ''ermitas'* of 
Tlatelulco, leaving the reader to notice coincidences himself. 

**Barrio8'* of Mexico, 

Santo Cristo de Tzapotla. 

Santa Veronica de Huehnecalco. 

Santa Cruz de Tecpanoaltitlan, 

San Pedro de CihUHteocaltitlan. 

Espiritu Santo de Yopico. 

San Felipe de Jesus de Teocaltitlan. 

Santiagro de Haxilpan. 

Los Reyes de Tequicaltitlan. 

La Cai'delaria de Atlampa. 

!La Ascension dfe Tlacacomoco. 

San Diego de Aniannlco. 

£1 Nino Jesus de Tepetitlan. 

El Descend! miento de Atizapan. 

San Salvador de Xihuitongo. 

La Navidiid de Tequixquipan. 

San Salvador de Necaltitlan. 

La Concepcion de Xoloco. 

San Juan de Chichiniecapan. 

San Antonio de Tezcatzon«M). 

San Sebastian Gopolco. 

" ErmUaB " of Tlatauko. 

Santa Ana Atenantite<'h. 

Santa Lucia Telpochcaltitlan. 

La Coneepcion de Atenantitlan. 

San Francisco Mecantalinco. 

La Asuncion de Apazhuacan. 

isan Maitin Atezcapan. 

Santa Catalina Colmatlan. 

San Pablo Tolquechiucan. 

N nostra Senora de Belen Tlaxoxiuhco. 

Los Reyes de Oapoitrtlan. 

San Simon Iztatla. 

Santa In^s Hueipantonco. 

San Francisco Izcatla. 

Santa Cniz Azococolocan. 

San Antonio Tepiton. 

La Asuncion de TIayacaltitlan. 

San Francisco Cihuutecpan. 

San Juan HuUznahuac. 

Sa Asuncion de Izayoc. 

Santa Clara Acozac. 

I have italicized tiiose names which are also fdund among those of the seven original 
kins above enumerated, and thus we find three of them, one in Mexico, and tw6 
among the *' Ermitas " of Tlatelulco. 

**Fernnn Gonzalez dB Eslava (**Cologuio» espirituales y SaeramerOates, y Poe$i(u 
SagradaSj" Second Edition, 1877, by Sr. Icazbalceta.) The learned editor makes the 
following note, 50. to page 57. **Cuando se reediflcd la cindad de Mexico, despues de la 
conquista, se colocaron en el Centro las casas de los espafioles, y los Indios levantaroH 
las suyas alrededor de aquellas. Esta poblacion India se divididen cnatro barrios d 
pardatidadea, regidos por caciques de su nacion, sujetos & un gobernador de la 
misma, Los ban-ios principales eran San Juan j Santiago .'' Calling my attention t6 
this note in his letter of 14 Nov., 1879, my esteemed friend adds : " Con el tiempo se 
confiindid la poblacion y desaparecieron esos banlos; pero ann quedd el nombre y los 
bienes que poseian las < parcialidades ' los cuales desaparecieron tambien en mi 

«»The dissensions between wliat subsequently became th6 Mexicans and th6 Tlatel- 
ulcans are so variously described by the authorities, that it is hardly Wdrth while to 
discuss them. 

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assumption, frequently made, that the Mexicans were divided 
into two distinct clusters at the outset. 

A council of chiefs, representing the seven kins meeting on 
equal terms, composed the government of the ancient Mexicans at 
that period of their histoiy. Among these, occasional ^^old men" 
of particular ability loom up as leading advisers. But no perma- 
nent general office of an executive nature is mentioned ; although 
even occasional braves acquired historical prominence through 
their deeds of valor and of sagacity .^^ 

But, while the organization was thus amply sufficient for the 
needs of a straggling band, Indian worship or "medicine" (as 
the native term implies) represented, inside of that organization, 
the lingering remains of what we have already suggested to be 
the oldest aboriginal clusters of society. Corresponding to the 
four original kins of the QQuiche, to the /owr leading days of the 
calendar with the traditions attached to their origin, we find 
among the ancient Mexicans at that period four chief medicine 
men, or " old men," who at the same time are " carriers of the 

w" Tetiurt of Landt** (P. 398 and 399, Notes 21 and 22). In addition to the anthorities 
quoted thei-e, I refer to : Gomara C*ConquUta de Mijico " Vedia I, p. 431). *• y dicen que no 
trajeron senores, sino capitanes.^ <Idem p. 433. •* De los rcyes de M^jico*'). MotoUnia 
(** Epistola pro^mial," p. 5). ** annque se sabe que estos Mexicanos Aieron los post- 
reros, y que no tuvieron senores princi pales, mas de que se gobernaron por capitanes.*' 
—Mendieta (Lib. II, cap. XXXIV, p. 148). " Dicen que el fej^rcito mexicano trajo por cau- 

dillos 6 capitanes diez principales que los regian, Entre estos eligieron, Inego 

como hicieron su asiento, por rey y principal senor & Tenuch." Torquemada. (Lib. II, 
cap. I, p. 78; cap. Xlf, pp. 94 and 95). 

Tlie fact of the election of the firat so-called " King" of the ancient Mexicans, so 
generally acknowledged that no evidence of it is needed, is proof enough that, previous 
to it, the government of the Mexicans was at least, not monarchical. The words of 
Torquemada, (p. 94, vol. I.) " Dicese, que aviendo pasado veinte y siete anos, que se 
govemaban en comun, los nnos, y los otros, les tom6 gana de eligir Rey, . . . ." are 
plain enough. 

Aside fk-om the " leaders " (caudillos) of the Kins frequently mentioned, occasional 
war>chieffl or directing braves turn up during this i)eriod of their wandering existence. 
Thus, a chief whom they called *'Mexi" is mentioned by Acotta (Lib. VII, cap. IV. 
p. 460), Sahagun (Lib. X, cap. XXIX, p. 138 and 139), Hererra (Dec. Ill, lib. II, cap. 
X, p. 60); and another veiy famous wan-ior, ** Humming Bird." (Huitzilihuitl) led 
the Mexicans during their tVay with the valley-tribes at Chapultepec, losing his life in 
the sally by which they broke through their surrounding enemies. Durdn (Cap. HI. p. 
27; IV, 30). Acoata (Lib. VII, cap. V, p. 463). Torquemada (Lib. II, cap. Ill, p. 82; IV, 
p. 84; Lib. Ill, cap. XXII, p. 289). Vetancurt (Parte Ha, Trat. lo, cap. IX, p. 261 ; cap. 
X, p. 265 and 266). OranadoB y Galvez {Tardt Quinta, p. 151). Veytia (Lib. II, cap. 
XII, p. 97; cap. XIII, p. 110; cap. XIV, p. 116, 124; cap. XV. p. 130 and 131). He affirms 
that *• Humming Bird" was the first " King of the Mexicans," which, however, is ex- 
pressly disproved by other authors. 

«' Tezozomoc C*Crdnica** cap. I, p. 6), mentions the four old men who carried the so- 
called sister of Huitzilopochtll, << y i esto dijo Tlamacazqui Huitzilopochtli & los viejos 

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It seems to indicate, that as relics of foqr very ancient kins, a 
kind of superstitious ("standing over") deference was paid to 
them, implying a voice and vote in the councils of the tribe.^^ 

que la solian truer oargada, (que se llamavan Qnauhtlonquetzqae, j Axoloa el 
segiindo, y el tercero llamado Tlamacahqui Ciiauhcoatl, y el cuarto Ococaltzin")- (Cap. 
III. p. 8), at Chapnltepeo <^y alii les habl<S Haitzilopochtli ft lus sacerdotes, que son 
Dombrados Teomamuques, cargadores del dies, que eran Cnauhtloquetzqui, Axoloa, 
Tlamacazqui y Aococaltziu, d estos cargadores de este idolo, llamados sacerdotes, les 
dijo."— J9ttrrfn (Cap. Ill, p. 21). Llegados a aquel lugar de Pazcuaro^ vi^ndole tan 

apncible y alegi*e, consultaron ft bu dios los sacerdotes y pidi^ronle : el dios 

Vitzilopochtli i-espondid ft sub sacerdotes, en suenos . . , '* These words repeat them- 
selves almost, several times in cap. IV, V, and VI. Finally he is very positive, (Cap. 
VI, p. 46), **con los quatro ayes de VitzilopocktU, los quales le vian visiblemente y lo 
hablaban, que se Uamauan Cuaufttloquetzguif el segundo Ococatl el tercero Chachalaitl 
y el cuarto Axolouaj los quales eran como ayos, padres, amparo y reparo de aqueUa 
gente,'' Acosta (Lib. VII, cap. IV, p. 459), **Con esto saliei-on Ueuando ft su ydolo 
metido en una area de juncos, la qual Ueuavan quatro Sacerdotes principales, con 
quien el se conimunioava, y dezia en secrete los successos de su camino auisandoles lo 
que les aula de suceder, dandoles leyes, y ensenandolos ritos y ceremouias, y sacri- 
ficios. No se mouian un punto sin parecer y mandate deste ydolo.'' Herrera (Dec. Ill, 
lib. II, cap. X, p. 60). " Llevaron este Idolo en una Area de Juncia en hombros de 
quatro Sacerdotes, los quales ensenuban los Ritos, i Sacrificios, i daban Leies, i sin su 
parecer no se movian en nada." Besides these specifically and exclusively Mexican 
sources, to which others will be added hereafter, the fact of these four chief-medicine 
men *' tlamacazqui " from **tlama'' — medicine-man, (Afo/i/ia 11, p. 125), is proven by 
authors who rather incline to the tezcucan side. Torquemada (Lib. II, cap. I, p. 78), 
*'y orden<$, que quatro de ellos, fuesen bus ministros, para lo qual, fu^ron nombrados 
Quauhcohuatl, ApanecatI, TezcacohuatI, Chiraalman,'' (Lib. VI, cap. XXI, p. 41, but 
especially Lib. IX, cap. XIX, p. 205). " De los primeros Mexicanos, que vinieron ft estat 
Tierras, sabemos, que no traxeron Roi, ni otro Caudillo particular (contra los quo 
tienen, 6 aflrman lo contrario) sino que venian regidos de los Sacerdotes, y ministros 
del Demunio; sobre cuios hombros venia la Imageu del Dios Huitzilupuchtli, y ft los 
consejos, y determinaciones de estos ministi-os eran obedecientes.'' The most explicit 
of all, however, is again Veytia (Lib. II, cap. XIl, p. 93). At the death of Huitziton, 
" y aqui fu^ dondo empezai*on las embustes de los viejos y sacerdotes que con mas 
inmediacion trataban ft Huitziton ; porque, 6 concebido ya el ambicioso deseo de que- 
darse con el mando del pueblo, 6 para disminiurle ft este el dolor que debia causarle 
tan gran p^rdida, . . . ." (p. 94). " Esto es el origen de la famosa deidad Huitzilo- 
puchtli," (p. 99), hei-e Veytia is in error in stating that Tezozomoc reports that the four 
priests were lolt with Malinalxochitl in Malinalco. This author mentions them again 
at Chapultepec, " CrdniiOy" (Cap. IH, p. 8). Further on (Cap. XIII, p. 102), "To me 
persuade ft que es distinto, que Ocelopan y sus tres compaiieros fueron los cuatro 
Tlamacazquis que fingieron el erobuste del rapto de Huitziton," (p. 109), he says that 
the •* old priests " opposed the election of a head-war-chief (" rey ") " por no dejar el 
mando." (Also Cap XV, p. 131.) 

It results from these statements, that the four ** Carriers of the God'' indeed exer- 
cised, or at least claimed some governmental power. In tribal society such power can 
only come through some kin, hence the four ** medicine-men " represented four very old 
clans or relationships, whose names even may have been lost, whereas the former 
power ** stood over," in the form of a participation of "medicine" or worship in the 
tribal business. I here recall the important utterance of Boturini ('< Idea" pp. Ill and 
112 of §XVI), "como fu^ costumbre de los Indios poner muy pocas Figuras en los 
mapas, baxo de cuya sombra se hallan numerosos Pueblo?, y gentes; y assi dichos 
siete Tult^cos, cuyos nombres refiere el mencionada Don Fernando, se entiende haver 
side siete principales Cabezas de dilatados Parentescos, que se escondian baxo los 

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When the Mexfcand, tbds oonstititting a nilgratary Cluster of 
kins, reached the present central talley of Mexico, they found it 
occupied by a number of tribes of the same language as their 
own, though dialectically varied. The arrival of the new-comers 
was to those who h^d already settled, a matter of either war or 
of adoption. Adoption became very difficult, as well on account 
6f thfe number of the immigrants* as of the rivalry between already 
settled tribes. Therefore the Mexicans were tossed to and fro, 
until at last the straggling remnant found a shelter on some dry 
patches protruding from the marsh along which the other tribes 
had formed their settlements. 

This settlement occurred about 196 years previouis to the Span- 
ish conquest, and it limits therefore the time, within which the 

nombres de 8ns Conduetores." What the nnfortnnate Italian Cavaliere here sajrs of th^ 
Toltecs, is applicable to all the other branches of the Nahnatl stock, and bears also on 
the four *' Carriers of the God," under discussion. 

Veytia afflrtns (Cap.XIIf, p. 11«. lib. II), that after the election of the Huitzilfhnitl 
mentioned in my note 36, the god HuitzlTopochtli **did not dare to claim the govern- 
ment of the people." Is this an indication to the effect that the four " priests'* exer- 
cised a military command t 

Referring to note 29, concerning the four names of the years and leading da^s iri tlW 
Mexican and Central American Calendars, and theiV probable connection with as many 
very ancient klnshli^s, I beg leard to add here some additional data in regard to the 
singular part played by the nnmber four, in Central American and Mexican mytholo^ 
and earliest tradition. In note 27, 1 have already allnded to tlie four original pairs, as 
mentioned by the '* Popol- Vuh ** as well as by Sahagun. Previous to the creation of the 
four men, the ** Popol- Vuh" has the following remarkable passage: (Part 1|I, cap. I, 
pp. 195-197), "In Paxil and in Cayiili, as this place is balled, there came the ears' Of 
yellow and of white corn. These are the names of the barbarians i ? Chicop), who 
went after subsistence: the Pox (Yac), the wolf (UtlU) the parrot <Qel), and the raven 
(Hoh), fbur barbarians ( ?) who bronght them the news of the ears of yellow corn and 
of white com which grew in Paxil, and Who showed them the road to Pakll.** " There 
they found at last the nourishment which went into' the flesli of man made, of man 
formed, this was his blood, W became the blood of man, this corn which went- into him 
by the care of him who engenders and of him who gives being." This QQuich^ tale of 
four animals or " barbarians »' (the latter is »n interpretation of Mr. Brasseur, since 
''chicop" signlfles simply a beaftt) carrying the hiaterijklont of which man w^s made, 
also finds an e<](uivnlent in Mexican traditions, as reported by S't^hapuri iltih.K. cap. 
XXIX, § 12, p. 140), of four wise men who remained in the earthly paradise of **Tamd- 
anchan" inventing there "judicial astrology, and the art of interpreting dreams. 
They composed the account of the days, of the nights, of the hours, and the differ- 
ences of time, which were kept while the chiefs of the Toltecs, of the Mexicans, and of 
the Chichlmecs ruled and governed." **Tamoanchan" as pai*adise, is stiictly^ equiva- 
lent to *• Paxil in Cayald" of the QQuich*. The traditidn of the four ••Tutul-XiH" 
among the maya of Yucatan, may also be classed among these tales. " Series of 
KatuneSj** " Epochs of Maya History.^ " This is tht Series of Kfttunes in Maya," C^helo 
lai u Tzolan Katunil Ti Mayab ") in Mr. Brasseur^s (*' Relation des choses du Yucaitnn **J 
also in J L. Stephens {** Travels in Tucatan," Vol. II, p. 465, appendix.) Aliso Durdn 
(Cap. XXVII, pp. 222, 2240. 

" Tylor C' Early History of ManUnd,^ Edition of 1878, p. 166), « Super- stitio" or 
** Standing Over,"— the German "Aberglaube " in the sense of " wliat 1ms remained.** 

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organisation and Institutions of. the a^ncient Mexicans must have 
r,eao)ied their '(ilti mate development, to less than two centuries.^ 

^'In the midst of canes of reeds" the renF^ains of the Mexican 
tribe found their fiituie home upon a limited expanse, of sod, 
which even their enemies on the mainland seemed to regard but 
as a spot fit to die. upon /^ Although much reduced in numbers^- 
the kins themselves remained and a settlement necessitated at 
once their localization. How this took place, can best be told in 
the words of one of -the native chroniclers, the Dominican monk, 
Fra3' Diego Durdn. ' 

^^ During the night following, after the Mexicans had finished 
to improve the abode of their god, and the greatest part of the 
lagune being filled up and fit for to build thereon, Vitzilopochtli 
8i>oke unto his priest or keeper and said to him : ^' Say unto the 
Mexican community that the chiefs, each with their relatives,^ 
friends and connections, should divide themselves in four princi- 
pal quarters, with the house which you have built for my resting 
place in the middle, and that each kin might build within its 
quarter as best it liked." These quarters are those, remaining in 
Mexico to this dajs to wit: the ward of San Pablo, that of San 
Juan, of Santa Maria la Redonda as it is called, and the ward of 
^aU' Sebastian. Atler the Mexicans had divided into these four 
places their god sent word to ,them that they should distribute 
among themselves their gods, and that each quarter should name 
and designate particular quarters where these gods should be 
worshipped. Thus each of these quarters divided into many 
small ones according to the number of idols called by them 
Calpulteona, which is to say god of the quarter. I shall not re- 
call here their names because they are not of importance to his- 
tory, but we shall know that these quarters are like unto what in 
Spain they call a collation of such and such a saint."^^ 

This statement we do not hesitate to accept as expressing gen- 

*»My fi'tond, Prof. Ph. Yalentini, of New York, has in hand the study of Central 
American Chronology proper, as well as Mexican. In his latest work " The Mexi- 
can Calendar itone** (published first in Gei'man as a ** Lecture," and afterwards in No. 
71» of the ** Proceedingi qf the American Antiquarian Society"), he has given a general 
idea of his researches, but not any details yet about their results. If, therefore, I here 
admit 1325, A. D. as about the date of tlie so-called '* foundation " of Tenuchtitlan- 
Mexico, it is suUiect to correction by him. 

*» Durdn (Cap. IV, p, 32), Herrera (Dec. Ill, lib. II, cap. XI, p. 61). 

«^ " Tenure of Lands " (p. 400, note 29, and p. 402, notes 32 and 33). In addition to the 
authorities quoted^ I refer to Herrera (Dec III, lib. II, cap. XI, p. 61), and Samue 
Purchafi (♦' Mis PUgrimageSt" 1625, Part III, lib. V, cap. IV, p. 1006). 

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nine aboriginal traditions, notwithstanding the attempt, on the 
part of Fray Jaan de Torquemada, to impugn its truthfalness and 
consequently its validity,^ It results from it that while the kins, 
which for the first time in Mexican history are distinctly iden- 
tified here with the *' calpulli," are settling, "as best they liked ;" 
the creation of four geographical divisions, composed each of a 
number of kins, is attributed here to the influence of worship or, 
as we have already termed it, of ** medicine." This connects 
those, who subsequently became the four ''Indian wards" of 
Mexico, with the four "carriers of the gods" ali*eady mentioned, 
and this perhaps may be considered a reminiscence of the four 
original relationships. Of these the sections mentioned appear 
like a shell, geographically enclosing a number of settled kins. 
The supposition is not, therefore, devoid of interest that they 
may have represented brotherhoods of kins, for purposes of wor- 
ship and wai-fare. If now we substitute for kin the term ^^gens" 
adopted by Mr. Morgan, those brotherhoods necessarily appear in 
the light of as many ^^ phratriea,"^^ 

The time of this occurrence seems almost to coincide with a 
division (already indicated as in progress) of the original Mexican 
band into tioo sections. It now culminated in the secession of a 
part of the tribe and its settlement apart from the main body, 
though not far away from it and within the lagune also. While 
the " place of the stone and prickly pear " (Tenuchtitlan) remained, 
virtually, ancient Mexico, the seceding group founded the Pueblo 
of Tlatilulco as an independent community at the very door of 
the former. It appears as its rival even until forty-eight years 
previous to the Spanish conquest.^^ 

4* «♦ Tenure of Landi" (p. 402, notes S4 and $3). 

*» Morgan ("Ancient Society,** Part II, cap. Ill, p. 88) "The phratry is a brother- 
hood, as the term imports, and a natural growth fVom the organization into gentes. It 
is an organic union or association of^two or more gentes of the same tribe, for certain 
common objects. These gentes were usually such as had been formed by the segmen- 
tation of an original gens.'' If we. recaU the manner in which the four *^ quarters ** or 
Mexico flrst appeared, it will easily be seen that the analogy with phratries is indeed 
striking. . Compare, *-Art of War** (p. 101, and note 22, and pp. 120, 121, and notes 97, 99, 
100, and 101), In " Tenure of Landt*^ (pp. 400 and (401), I have rather farored the view 
that these four were " caipulli ** which subsequently segregated into minor quarters or 
** barrios/' I now correct this, having become convinced that the so-called minor 
guartert already existed at the time of eettlement {compare notes 37 ami 41). 

** MotoHnia (Trat. Ill, cap. Til, p. 180), mentions a division into but two '* barrios " 
in course of time through increase of population. '* Despues andando el tiempo y 
multiplicandose el pueblo y creciendo la vecindad, hizdse esta ciudad dos barrios 6 dos 
ciudades,** IxtUlxocMU {**Hitt. des Chichim,** Cap. p. 72), merely states they were 

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It is much to be regretted that our information on this point 
is so meagre and unsatisfactory, as not to enable us to ascertain 
whether several entire kins separated from the rest to form the 
new tribe, or whether fragments of kins only composed the se- 
cessionists. In fact even the cause of the division is stated in 
such a varied and contradictory manner, that we must withhold 
any expression of positive views on the subject. 

Without losing sight altogether of the tribe of Tlatilulco, we 
still must devote our attention chiefly to the inhabitants of TiB- 
nuchtitlan, in which we recognize the ancient Mexicans proper. 
The number of kins composing the latter at the time of their 

divided in two " bands," without saying why and how this division occurred. Durdn 
(Cap. V, p. 43), *' Hecha esta division y puestos ya en sn 6rden y concierto de barrios, 
algunos de los viejos y ancianos, entendiendo raerec^ian mas de lo que les daban y que 
no se les hacia aquella honra que merecian, se amotinaron y determinaron ir a buscar 
nuevo asiento, y andando por entre aquellos carrifales y espadanales allaron una al- 
barrada pequena, y dando noticia della 4 sus aliados y amigos fu^ronse & hacer alii asi- 
ento, el qual lugar se llamaba Xaltelulli y el qual lugar agora llamamos Tlatilulco, ques 
el barrio de Santlngo. Los viejos y priucipales que alii se pasauan fu^ron quatro; el 
uno dellos se llamaba Atlaquauitl, el segundo Huicto, el terccro Opochtli, el quarto 
Atlacol. Efetos quatro senores se dividieron y apartaron de los demas y se l\i4ron ft 
vivir ft este lugar del Tlatilulco, y segun opinion tenidos por hombres inquietos y re- 
voltosos y de raalas intenciones, porque desde el dia que alii se pasaron nunca tuvi- 
eron paz ni se llevaron bien con sus hermanos los mexicanos ; la qual inquietud a ido 
de mano en mano hasta el dia de hoy, pues siempre a auido y ay bandos y rancor entre 
los unos y los otros." Acotta (Lib. Vil, cap. VIII, p. 468). and Herrera (Dec, III, lib. 

II, cap. XII, p. 5*2), both are but concise repetitions of the above. Torquemada{\ji\}. 

III, cap. XXIV, pp. 294 and 2^), opposes both Acosta and Herrera, as well as 
the " Codex Ramirez," and substitutes a story about voluntary settlement of the Tlati- 
lulca on a sandy patch near by, but apart ft*om the others, in consequence of the old 
grudge or feud already mentioned. There is but little difference between this version 
and the preceding, the act of secession, in both, being voluntary. One singular fact is 
mentioned by Vetancurt {^»xt II, trat. I, cap, XI, p. 269), namely: that the Tlatilulca 
made a marke^place for both parties. Otherwise (p. 257), he concurs with Torquemada. 
Oranado8 y Oalvez (Tarde 6a, p. 174), alter saying that both " eran deudos y parientes 
unos con otros '' adds " whether this division proceeded from past quarrels, or out of 
the incommoditios which they suffered among canes and reeds; it is certain that they 
divided peaceably . . ." Feytuz (Lib. II, cap. XV, pp. 135 and 142), reporting on all the va- 
rious traditions about the foundation of Tlatilulco, comes to the conclusion that the 
"nobles'* retired to Tlatilulco, whereas the "common people** remained at Mexico. 
Clavigero (Lib. II, cap. XV, p. 178), agrees with Veytia in i*egard to the real import of 
the fables told concerning the ancient feuds among the migratory band, but (Cap. XVII, 
pp. 187 and 188), he accepts the version that these old dissensions were the causes of 
the final division. 

I have not been able, yet, to find whether the seceding Tlatilulca formed one kin, or 
one brotherhood of kins, or whether they were discontented fractions of kins remov- 
ing. Had Vetancurt given us the names of the ** barrios " of Tlatilulco, we might pos- 
sibly infer something from them. As it is, the fact of the four " principals " mentioded by 
Durdn, seems to indicate four kins, or rather (perhaps) fractions from four kins, whom 
want of space probably caused to remove. They may have been crowded out, and , 
in course of time the Reeling of jealousy and rivalry sprung up of which the authorities 
speak both freely and frequently. See Vqftia (Lib. II, cap, XV, p. 136). 

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settlement is not stated, but while some sources mention twenty 
chiefs as composing the original council of the tribe, others speak 
of but ten leaders. This might, according to the view taken, 
indicate in both instances ten kins, or twenty in the former and ten in 
the latter. At any rate the number is larger than that oiiginally 
composing the tribe, thus showing that the segmentation so char- 
acteristic of tribal society according to Mr Morgan, had already 
begun. Of the government of the tribe Clavlgero says: "The 
whole nation was under a senate or college of the most promi- 
nent men.'"*^ No mention is made anywhere of a head-war-chief 

*» Clavlgero (Lib. Iir, cap. I, p. 190). Torquemada (Lib. II, cap. Xlf. p. 94. Lib. m, 
cap. XXIU pp. 289, 300, and 291). Durdn (Cap. VI, p. 47). 

It is difficult to aacertain the actual nuralier of l^ins composing the Mexican tribe at 
at that time. The number of chiefs and their names ai*e variously stated. Durdn 
(Cap. VI, p. 47), mentions six chiefs and four pHe»to. Mendieia (Lib. 11, cap. XXXIV, 
p. 148), mentions ten chieSs. The ** 0>dex Mendoza " also says ton chiefs (Tab. I, Vol. I, 
Kingsl)orougb). Clavlgero (Lib. Ill, cap. I, p, 190. note r), mentions twenty. It is in- 
teresting to compare the names, also those of the twenty leaders of Torquemada (Lib. 
ir, cap, III, p. 83), with those of the twenty '* barrios '' of Vetancurt. 





^^Barri^t*'* of Vet- 











































































I have italicized such names as are alike. We see that ol the ten chiefs named by 
Durin and Mendieta, six are also named by the two other authorities. As might be 
expected, there is hardly any concordance between these names of chiefs and those of 
the Mexican *• barrios." 

If it were known to us whether, in this case, each '' chief" represented a kin only, 
or whether Durin, Tezozomoc, and Mendieta alone indicated the true number, we 
could or might, of course, determine the number of the calpulli. That the chief is 
used to denote his kinship in the old authors is distinctly stated by Durdn (Cap. XXVII, 
p. 224). This chapter relates the mission of sixty '» wizards " (" brujos "••* hechiceros,") 
sent by the chief *' Montezuma Ilhuicamlna" (the first " stern or wrathy chief" of that 
name), to an old woman or goddess purported to be '* Huitzilopochtli's " mother. Ar- 
rived before the old hag (as she is described), she inquires of them for her son and for 

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as yet ; this peculiarly military office was not yet established in 
permanence. However, there ai*e indications that one executive 
chieftain for tribal affairs may, at least rudimentarily, have ex- 
isted namely : the "Snake-woman" (cihuacohuatl). But the attri- 
butes of this office did not assign to it any marked prominence.*^ 
The position of the Mexican tribe, about the middle of the 
fourteenth century, was still a very precarious one. With barely 
sufficient sod to dwell upon, blockaded, so to say, by powerful 
tribes along the lake shore ; with the independent cluster of 
Tlatilulco, jealous and threatening, within an arrow-shot of its 
homes, it was forced into a peculiar attitude of military defence. 
The elements for a warlike organization were contained in the 
autonomous kins, which were grouped into the still larger cluster 
of the brotherhood, and all together composing the tribe. The 
leaders were found in the officers and chiefs of the kins. But the 
state of insecurity then prevailing required an office whose in- 
cumbent should be in constant charge of the military affairs of 
the tribe. This was plainly within the scope of tribal society ; 
such functions had already been exercised previously, in times of 
particular need. Now, under the pressure of circumstances, and 
with a permanent settlement, permanence of the charge became a 

the seven chiefs " which seven went for leaders of each quarter " (p. 222). The wizards 
i-eply (among other tilings) : " Great and powei-ful Lady ( ?) we have neither seen, nor 
spoked to, tlie chiefs of tlie calptUe*:^^ Judging from this, the original number of them 
was ten, and it is presumable that if such was the case they were the war-chi^Sy 
whereas the others were more properly the administrative officers analogous to the 
"sachemt** of the Iroquois. (Compare Morgan, " Ancient Society.^* Part II, cap. II, pp. 
71, 72, and 78. Cap. IV, p. lU. Cap. V, pp. 129, 130, etc., etc., to 148). We shall have 
occasion to return to this again in a subsequent note. 

*• The offi«;e of " Cihuuculiuatl " is very old. Ixtlilxochitl (" lielacionea** " Segunda 
Itektcion," pp. 82 { and 321), after speaking of the seven leaders of the Toltecs, men- 
tions ''Ziuhcoatl" tambicn uno de los cinco capitanes inferiores" as discoverer of 
Jalisco. Confirmed (the last mention excepted) by Torqwmiadd (Lib. I, cap. XIV, p. 
37). Veytia (Lib. I, cap. XXII, p. 220). The *' Co<lex Mendoza" (Plate II in Vol. I of 
Lord Klngsborough), represents the first regular head- war-chief of the Mexicans, 
"Handful of Reeds" (Acamapichtli) with a head and face of a woman and snake sur- 
mounting his own head or rather the forehead, whereas the " name " i)roper stands, as 
usual, behind the occiput. The explanatory note thereto (Vol. VI, p. 8), says: " The 
first figure probably denotes that Acamapichtli, before he was elected king, possessed 
the title of CihuacohuotI, or supreme governor of the Mexicans; when Mexico after- 
wards became a Monarchy this title was retained." 

<7 Lurdn (Cap. V, pp. 43 and 44). Acosta (Lib. Ill, cap. 8, p. 4(i8). Herrera (Dec. 
HI, lib. II, cap. XII, p. 62). Torquemada (Lib. II, cap. XIII, p. 95). •♦ The cause of his 
election was the increase in numbers, and their being surrounded by enemies who 
made war upon them and damaged them.'* " La causa de su eleccion, fue, aver cre- 
cido en numero, y est4r mui rodeados de Enemigos, que les hacian guerra, y afligian." 


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Therefore, near the eighth decade of the fonrt^nth century, 
or about thirty years after the settlement of Mexico, the oflloe 
of "chief of men" (Tlacatecuhtli) appears tO' have been estab^ 
lished.^ This is commonly heralded as the creation of monarchy, 
thus abolishing the basis of organization, or tribal society itself. 
It is however overlooked that only an office was created, and not 
a hereditary dignity' with power to rule.^ Its first incumbent, 
"Handful of Reeds" (Acamapichtli), was duly elected, and so 
were his successors.^ We have already seen that the Mexican 
family itself was so imperfectly constituted as to preclude the 
notion of a dynasty, and it was therefore, as we shall fhrther estab- 
lish, to the " kin " that the so-called succession or rather the choice 
was limited.^^ We do not know, nor would it be safe to guess, tohich 

VeyUa (Lib. II, cap. XVIII. p. 159; cap. XXI, pp. 188 and 187). Clavigero (Lib. Ill, 
cap. I| pp. 190 and 191). It WH8 a militarj measiu'C. 

48 The dates are variously given. Durdn (Gap. VI. p. 5S). says 1S64, or rather he 
states that *' Handful of Reeds " died at the age ol* 60, and that his death occuiTed 1404. 
He had been elected when 30 years old, therefore Ibrty years previous to the latter 
date, or in 1864, A. D. Vetancurt (Parte Ha, trat. I, cap. XI, p. 870), fays Sd of May, 
1861, or 1368. According to Sahtigun^ and fVom his lists of Mexican ** Kings*' (Lib. 
VIII, cap. 1, pp. 268-371), it would be alM>ut 1369, but (Lib. VIII, cap. V, p. 280), he says 
he was elected in 1364. VeyUa (quoting also Carlos dt Siffumuca), says ( Lib. II, cap. XXI| 
pp. 186 and 1H8), 1361. Clavigero (Lib. Ill, cap. I, p. 190. Appendix to 1st Vol., p. 69&. 
Vol. II, Sec'd Dissertation, Cap. II, p. 327), says 1352. Mendieta (Lib. II, cap. XXXIV, 
p. 148), 1375. In the ** Real E^jecutoria ** (Col. de Doc, Vol. II, p. 9), a date 1384 appears, 
but this date is of douutful origin. The *• Codex Telleriano-Remeruia " (Vol. I, Kingsb., 
Plate 1, and ExplanaUon, Vol. VI, p. 134), says in the year 11, cane, (*' Acatl") or 1399. 
H. H. Bancroft (Vol. V, cap. VI, p. 358), 1360. Prof. VdlenHnt (*• The Mexican Calen- 
dar-Stone," p. 108), 13, Acatl, or 1376. 

In regard to the title of •* Tlacatecuhtli ** compare " -^r< o/ FTar," (p. 123, note 104). 
There is a singular analogy between it and the title of ** Greai War Soldiery^* given by 
the Iroquois confederacy to its headwar-chiefs (** Ancient Society,'* p. 146). Under 
*• men " the Mexicans also understood *• braves." Therefoi*e *• chief of the braves ** also. 

^In a general way, the following passages are interesting. Durdn (Cap. LXIV, 
p. 498), *' because in these times the brothers, sons of the King inherited one another, 
although n*om what I have noted of this hUtory, there was no heredity nor succession, 
but that only those which the electors chose, whether brother or son, nephew or cousin, 
in the second degiee, of him who died, and this order it strilces me tliey carried (on) in 
all their elections, and so I believe that many of those Who clamor and pray for lord- 
ships (*' senurios '*) because of their fathers having been Kings and Lords at the time 
of their inlldelity do not, as I understand, justly claim (*^no pidcn Justicia'')* ^or ac- 
cording to tiieir ancient law there were rather elections than successions and Inherit- 
ances, in all kinds of lordships." I shall give the full text of this very important 
passage ftirther on. Tofquemada ( Wb. XI, cap. XXVll, p. 358;. *• Of the Alexiean re- 
public. I confess this manner of succession, and that sometimes they were elected with- 
out regard to anything save their personal qualification." 

w Suhagun (Lib. Vill, cap. XXX, p. 318). 

»» Compare Durdn (Cap. LXIV, pp. 498 and 499). Torquemada (Lib. XI, cap. 
XXVII, p. 358). The former says in addition to what is quoted In note 49. "* In all the 
other lordship I only found but elections and the will of the electors, and thus they never 
.could foil to. have. a. King of that lineage, even to the end of the world, because if to- 

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was the particalaf^' calpuiU''^f' Mexico wWo fdraisftiedJ the^M^si- 
•caii head-war-cbi^fs down 'to 1520 A. D. 

Analogous to the New Mexican pueblo, the tribe of Mexico 
bad, from that time on, its supreme^ council and finaAly two 
'executive bead-chiefs ; for with th^ • ci>eation of the military office 
-of ** chief of men," the '^ Sriake-wonmn '^ rosfe coiTespondlngly 
in iraportance.^2 j^q change in that organization* took placecna^il 
the Spanish conquest although within the period of nearly one 
hundred^ and ftfty years (appi'o^ximately) thus indicated, we find, 
at three distinct epochs, mention of vh'tual changes or 'Subvei^sibns 
of the aboriginal institutions of the Me^ean tribe. * 

The first one of these critical dates agrees with the third decide 
of the fitteenth century, or the time when, through a well executed 
dash, the Mexicans o\^rthrew the power of the Tecpanecad on the 

This successful move, perhaps originally conceived in self- 
defence, finally brought abcKut the confederacy of the ••^nahuatl" 
tFibes of Mexico, Tezcuco, and of Tlacapan. We have nothing 
toadd to our first picture of this military partnership, as drawn 
in '* Tenure of Lands."^^ Still the event deserves special men- 
day they elected the brotheri to-morrow they elected the *' graAdson; and th« day after 
the nephew, and thus they went through the whole lineage' withoirt any end '* This is 
a plain description of 'the «ucoes«ionv of offie<e in the ^in. Torquemada is al>ont 
equally explicit, and t^is agreement "between two authors who represent antagonistic 
tribal traditions, is certainly of great weight. To this should be added the statement 
of Sahiigun <Vol. II. p. 318), ** and (they) selected one of the most noble ones of the 
lineage C'lmea") of the lords post." Even the series of contradictions of Zurita 
(" Rapport, etc.," pp. 12-20). contain a plain description (if attentively studied) of suc- 
cession in the kin, and not in the family. 

»* At the time Francisco Vasquez de Coronado reached and conquered New Mexico, 
its sedentary Indians were governed by a council of old men, and besides they had 
governors and captains. This is explicitly stated by Pedro de CMtaheda y Nagera, 
(" Relation du Voyage de Cibola^ entreprU en 1540,"), who went with Coronado in 1540, in 
the French translation by Mr. Ternaux-Compans, 1838 (Cap. XI, p. 61), about Tuscayan 
Cibola, although flatly contradicted again by himself (Part. II, cap. Ill, p. 164), in 
regard to Cibola. Torquetnada (Lib. IV, cap. XL, p. 681), mentions the **mand6n" 
(commander) and after him what he calls a ** crier" "ydespues de M, es el que pre- 
gona, y avisa las cosas, que son de Kepublica, y que se han de hacer en el Pueblo." 
The same author is also very explicit (Lib. XT, cap. XVil, p. 337), when he distinctly 
states : '* El Goviemo de los del Nuevo-Mexico parece de Senado, ii de Senoria," men- 
tioning also the two other officers. 

For the actually prevailing governmental system of the New-Mexican Pueblos the 
sources are very numerous. 1 simply refer to H. H. Bancroft (Vol. I, pp. 546 and 547), 
W. W. H. Davis (" The Spanish Conquest of New- Mexico,** 1869, p. 415, note 4), Oscar 
Loew (" Lieutenant O. M. W1ieeler*s Zweite Expedition nach Neu-Mexiko und ColoradOf 
1874,*' in Petermann's '* <]^&}gr^aj^i9ehe mttheUungen,'* Vol. 22, p. 212). All the other 
•tnatirt soni-bes It would beJuseless to enumerate, v \ ; 

M Pp. 416, 417, and 418, and notes'Ol to 70 inohislve.' Also not« 4 Of thla paper. In t^- 

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tion here, because of its unveiling, so to say, the full organization 
of the ancient Mexicans as they preserved it until the time of 
their downfall. 

Upon the occasion of the division of spoils gathered from the 
defeated Tecpanecas, and of the establishment of regular tribute, 
there appear the following war captains and leaders of the Mexi- 
cans, as representatives of the latter's organization. 

The "chief of men." 

Four captains of the four principal quarters of Mexico. 

Twenty war-chiefs of as many kins composing the tribe. 

One chief representing the element of worship, or " medicine." 

The " Snake-woman."^ 

gard to the dnte of its occurrence, Bancroft (Vol. V, p. 396), says aboat, or immediatelr 
after, 1431, following Brasseur de Bourbourg, Clavigero (Lib. IV, cap. Ill, p. 251), 
1426, Jxtlilxochitl C' Hist. Chichimeca.^ Cap. XXXII, p. 217), also 1431, Veytia (Lib. Ill, 
cap. Ill, p. 166) 1431, The " Codex Tdteriano-RemensiM" (Klngsb., Vol. 1, p. 7, and Vol. 
VI, p. 136), has it 7, " Tochtli " or 1404. 

^* Durdn (Cap. XI, p. 9H). Besides distributing land ^*Juntamente con daros y rep- 
artiros las tierras que aveis ganado, para que tengais renta pai*a el sustento de vues- 
tros estados y personas segun el m^rito deltas,'' he gave them ** ditados " or titles ** y 
(quiere) haceros sefiores de titulo*'(the latter would be to make them noblemen). I 
must advert here that '* ditado o titulo de honra " is expressed in the Mexican language 
by "tecuyotl" " tiatocazotr* "maui50tr' (MoHna, *' Vocabulario,*^ Part I, p. 46). 
These words however mean but, respectively "chieftainship," " speakership,** and 
" honor," (the latter see Molina II, p. 64), all of them terms which, as we shall here- 
after see, apply to personal merits and not to hereditary privilege among the Mexican 
aborigines. Durin then proceeds (p. 97) to give these titles as follows : — 

Primeramente ii su 

general di<S 

por ditado 


A Veue Moteuc^uma, Tlacaclelt2;in di6 por ditado 


A Tlacauspan, 





A Cuatlecoatl, 





A Veue^acan, 





A Aztacoatl, 





A Caualtzin, 





A Tzonpantzin, 





A Epcof iuatzin, 





A Citlalcoatzin, 





A Tlaueloc, 




A Ixcuetlatoc, 





A CuauhtzitziraiU, 





A Xiconoc, 




y renombre. 


A Tlazolteotl, 




A Axicyotzin, 





A Ixauatliloc, 





A Mecantzin, 





A Tenamaztli, 





A Tzontemoc, 





A Tlacacochtoc, 





To these he adds (pp. 98 and 99), five more, namely : Qfiauhnochtecutlif Cuauhqul- 
auacatlf YopicatUecutU, Cvitznattatl, and Itcotecatl, The three last were f^'om CiU- 
buacan. Adding to this the " chief of men " himself, who was " Flint-Snake," or 

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The existence of twenty autonomous consanguine groups is tlms 
revealed, and we find them again at the time of the conquest, 

** Obsidian-Snake '* {Itzcohuatt)i we hare twenty-live chiefs in all. Now we cannot 
flail to notice:— 

(1). •' Itzcohuatl," the •' chief of men '* or head-war-chief. 

(2). •* Tlacochcalcatl," '• Tlicatecatl," '*E/.huahuacatl," and "Cuanhnochtii," the 
four military leaders of the fonr great quartora (*< phratries ") of Tennch- 
titlan. (See ''Art of War^" pp. 120, 121, and 122, also notes 97 to 101 inclusive.) 
(3). "TllUancalqui"— "Man of the Ijlack-house," a chief connected with ** medi- 
cine'^ or worship, as I shall hereafter show. He was rather a counsellor or 
advisor, than a captain, as Acotta (Lib. VI, cap. XXV, p. 441), and Herrera 
(Dec. Ill, lib. II. cap. XIX, p. 76) positively state, whereas Durdn (Cap. XI, 
p. 103) ascerts the religious origin of his office. 
(4). " Tlacacllel," who, as Durdn and Tezozomoc both repeatedly and plainly 
assert, was the snake-woman or "Cihuacohuatl." In this intance, however, 
he is graced with the title of ** man of the house of darts " (" Tlacochcalcatl ")» 
and thus made one of the four leaders of the " phratries.'* This is an evident 
mistake, as the latter title belonged to Montezuma (the first, or *'old one'O* 
Compare Torquetnada (Lib. II, cap. XXXVI, p. 140; cap. XLIIl, p. liO, where 
he is called *• captain-general "), Vetancurt (Part II, Trat. I, cap. XV, p. 293), 
also Durdn (Lam. 8a, Parte la). 
(5). Twenty war-chiefs, each one of whom commanded the warriors of one kin or. 
calpulli, hence they were the military leaders of twenty Mexican kins. 
Besides the indications to that effect furnished by Durdn (Cap. XXVI 1, p. 224), 
"& los seiior^s de los ctilpvUs no los vimos ni nos habUron," said the sor- 
cerers which had been sent to Huitzilopochtli's mother, after she had asked 
them about the chiefs or captains, seven in number, which had led the Mexi- 
cans originally, (see note 33). Tezozomoc (•' Crdnica,** Cap. XV, pp.24 and 
25), while corroborating the statements of Durin (with the exception that he 
omits the chief " Mexicatltecutii," and thus gives only twenty-seven chief- 
tains), inserts the following explanation about these twenty (or twenty-one 
after Dnrdn) captains : **After these fonr (the four first ones), go the Tiacaues, 
called valorous soldiers, sumamed captains." The "Tiacan" or **tlacauh," 
properly *' teachcauhtin.'* Elder brother, was the military chief of each " bar- 
rio "or *• calpulli," therefore of each kin C'Art of War,^^-^. 119, notes 91,92, 
and 93), consequently these twenty chieftains represent here as many con- 
sanguine relationships composing the tribe of the ancient Mexicans. 
It will be noticed, however, that Dur&n has twenty -one chiefs, whereai we assume 
but twenty, according to Tezozomoc. The latter omits " Mexicatl-tecutli " and, perhaps 
properly too. This word signifies but "Mexican chief," in general, and cannot there- 
fore well be the title of one particular leader! It recurs occasionally in the course of 
Mexican histoiy. Still, this is only a suggestion on my part, for the matter is far from 
being proven. Torquemada (Lib. IV, cap. CII, p. 571) mentions **Afexicatl-achcauhtli" 
among the chiefs who went with Quauhtemotzin before Cortes on the day after the 
resistance of the Mexicans had ended. Again Tezozomoc mentions two chiefs of the 
same title " Cuauhquiauacatl," as also docs Durin. Now this would be impossible, 
since Tezozomoc calls the second one of that name, a son of '^ Cuaubnochtli." It may 
be now that the latter author has omitted the *' Mexicatl-tecutli," and that ** Cuanh- 
qnianacati " is to be counted but once. It results from the statements of Vetancurt 
already alluded to, that there were twenty Mexican " calpulli," consequently there 
were but twenty leaders of kins. The analogy between these *• barrios " and the chiefs 
of Dui*in and Tezozomoc is greatly increased by the fact tliat lor the three chiefs of 
Culhnacan mentioned by the latter, we have also three barrios of " Otomites," there- 
fore, in each case but seventeen origmal kins of Mexicans proper ( Vetancurt " Crd- 
nica,'' Vol. Ill, p. 132). 

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while their last vestiges were perfiekialed ODtil after 1690, when 
Fray Auguslin de Vetancurt mentions loar chief quarters with 
their original Indian names, comprising and subdivided into twenty 
" barrios." Now the Spanish word " Barrio " is equivalent to 
the Mexican term ^^calpuUi/' Both indicate the kin, localized 
and settled with the view to permanence.^ 

What is often conceived as the establishment of a vast feudal 
monarchy at the time just treated of, resolves itself therefore 
into two very plain features. One of these consists in the estab- 
lishment of the confederacy', the other is but the appearance in 
broad daylight of the peculiar organization of aboriginal society 
among the Mexicans. Thus we have no sudden change of base, 
no revolution in the institutions of the tribe ; the only progress 
achieved consisted in the extension of inter-tribal relations and 
in their assuming the sha|>e of a military partnership. 

The year 1473 witnessed another event which seemed to affect 

All ttkese titles were permAnent, tboagb not hereditmr* a0 i^ i* plainly seen in the 
case of the four leaders of the four ^'phmtries^ about which Sakaguu says: (Lib. 
YIII, cap. XXX, p. 318) '* The chief elected, forthwith they elected others fonr which 
were like senators that always had to be by his side .... (these four had different 
names in different places) ....'' Durdn (Cap. XI. p. 103). " To these four lords and 
titularies, alter they were elected princes, they made them of the royal council, like 
presidents and members (** oydores '*) of the supreme council, without whose opinion 
nothing should be done. When the king died, his successor had to be taken from those, 
neither could any others but brothers or sons of kings be clothed with these dignities. 
Thus if one of these was electe<i, they put another in his place. We must know that 
they never put a son of him who had been elected (" Kinflc*') or of the deceased, since, 
as it has been said, the sons never succeeded (in office) by inheritance, to the titles or 
lordships, but through election. Therefore, whether son, brother, or cousin, if elected 
by tite king and those of his council, to that dignity, it was given to him, — it being 
sufficient his being of that lineage and near relative, and so the sons and brothers 
went on inheriting gradually, little by little .... and the title and lordship never 
went outside of that descendancy (** generation '* also kin), being filled by election, 
little by little." 

The other titles are fVeqiiently met with up to the time of the conquest, as a few in- 
stances will abundantly prove. Assuming, with the majority of authors, the dat^ oC 
1431, for that of the formation of the confederacy, we meet, dui*ipg the unlucky foray 
of the confederates against Michhuacan. about fifty years later, with the following war- 
chiefs of the Mexicans. Tezcacoatl, Huitxnahuacatl, and Quetzaltocatl {Ttzozomoe, 
Cap. IJI, pp. 84 and 85), also Coatecatl (Cuaulitecatl). At the time of Cortes' first 
arrival off the coast (1518) we meet in the council of Biexico with Uuitsnahuacatl, 
Hueycamecatl {Torquemuda, Lib. IV, cap. XIII, p. 379). Finally when, alter the re- 
sistance of the Mexicans had ceased. Cortes assembled all the chiefs in his presencCr 
we again meet with Hnitznahuatl, Mexicatltecuhtli, Teuctlamacazqiii {Torqtiemtujlaf 
Lib. iV, cap. CII, p. 671). Evidence of this kind could be produced in profusion, but 
it would only increase unnecessarily the size of this annotation. Compare the titles of 
the Iroquois sacheraships in Morgan {^*" Ancient Society ^" Part II, Cap. V, pp. 130 and 

M Compare note 33. Also Molina (Part I, p. IS), and others. 

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the Mexican tribe in a more direct manner. It was the overthrow 
and cf^pture, after a short but bloody struggle, of the pueblo of 
Tlatiluleo.^ Owing. to the close connection of the latter with the 
Mexicans both had remained on a non-hostile footing; for the 
suspicious watclifulness with which each viewed the other did not 
comport with any more intimate relations, those of trade and ex- 
change excepted. When the confederacy came into existence, 
Tlatilulco was counted in as a part of Mexico, since its people 
aeknawledged themselves to be Mexicans ; but there is no evidence 
authorizing the conclusion that the Tlatilulca played any other role, 
beyond that of auxiliaries to their kindred of Tenuchtitlan.^^ The 
rash attempt of the former at the organization of a conspiracy to 
become '^Mexico alone" terminated fatally ; their place was taken 
and barbarously sacked, their leaders were killed in the fray or 
sacrificed afterwards, and the Mexicans, exasperated at the conduct 
of their treacherous kinsmen treated them in an unusually severe 
manner. We have seen already that, in any conquest, the con- 
quered tribe, if not exterminated, was only subjected to more or 
less heavy tribute. But the Tlatilulca were dealt with far worse : 
they were degraded to the rank of " tyomeri," their public market 
was ordered closed, their council-house left to decay and their 
young men, expressly debarred from the privilege of cs^rrying 
arms in aid of the Mexicans, were required to become the carriers 
of supplies to their captors. Such a punishment was unknown in 
the annals of Indian conquest, and appears even to militate 
against our views of aboriginal society in Mexico ; still it was 
in perfect hanmony with the institutions of the latter. The 
Tlatilulca were, as we should never forget, not only a tribe 

WThe " Codex TelteridnO'liemensis" (Plate XIV, also explanation Vol. VI, p. 138), 
concurs in this date, or the year seven ** calli" which is indeed'l473. 

"This acknowledgment— '< to be Mexicans"— on the part of the inhabitants of 
Tlatilulco, was in the nature of fi claim, and with a spirit of jealousy and envy. Al- 
though Durdn says (Cap. XXXII, p. 267), "auiendo estado hasta entonccs sujetos ft 
la corona real de M^jico^" this affirmation is utterly disproven, not only by all the 
other soui'ces, but by h?8 own statements (f)ap. V, pp. 43 and 46). The confused and 
contradictory tales about the state of war preceding the formation of the confederacy 
still make the Tlatilulca always appear as assisting their neighbors of Tenuchtitlan, 
more or less. Sometimes they were neutral only, and at times they may have felt in- 
clined to foster attempts at destruction of their rivals by outsiders, but they still were 
afraid of the consequences of it for tlieir own independence. Dvrdn (Cap. V, p. 46). 
The singular statement that the Tlatilulca even attempted, though fruitlessly, to with- 
draw the Tezcucans and Tlncopans from Tenuchtitlan, inducing them to become their 
associates in the work of its overthrew, is significant. See Torquemada (Lib. II, cap. 
LVJII, p. 176) 'tQuisose aliar con los de Tlacupa, y Tetzcuco, los quales no le acudie- 

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connected, through stock-language or even dialect, with the Mexi- 
cans, but they were actually " kin of their own kin." Their punish- 
ment therefore was that of a crime committed against kinship and 
tribe. As we shall hereafter attempt to show, such delicts en- 
tailed death. Instead of exterminating a whole settlement how- 
ever, the Mexicans treated the survivors as outcasts from the bond 
of kinship^ degrading them to manual, therefore female labor.^ 

M The descriptions or the capture of Tlatiliilco by the Mexicans, while '*Face in the 
Water" (Axayacatl) was the latter's heail war-chief, are so numerous, and in their 
features as finr as tlie subject of this paper is concerned, so generally concordant, that 
I may l^ permitted to forego quotations. I simply refer to the best known authors on 
ancient Mexico in general. Still, these authors seem to report but the ^'Tenuchcan'* 
side of the st'^ry. Although Boturini f^' Idea^* ** Catalogo del Muteo Indiana,^* p. 23), 
mentions the copy of " Un Mapa en papel Europeo, donde estan pintados los Reyes de 
Tlatilulco, y de Mexico'* as the only specifically *' Tlatilulcac '' document of which he 
knows, there still is preperved to us a tale of the overthrow of the pueblo of Tlati- 
lulco. which bears distinctly the stamp of a genuine Tlatilulcan version. We owe it to 
Oviedo y VcUdi* (*' Hiaforid general y nat. de Indi «," Lib. XXXIII, cap. XLVI, pp. 504 
and 605). **Avia dos parcialidades 6 bandos en aquella repiiblica, la una se decia 
Mexicanos, ^ la otra Tlatebulcos, como se dice en Castilla One^inos f Gamboinos, 6 
Giles 6 Negretes. Y estos dos apellidos teuvieron grandes diferencias : 6 Montezuma, 
como era manoso, fingid grande amistad con el senor principal del bando Tlatebulco, 
que se decia por gns nombrc proprio Samnlce, ^ tonidle por yerno, € didle una su hija, 
por le asegurar. Con este debdo, en cierta fiesta ^ convite ft este Samal<*e. 4 & todos sus 
capitanes ^ parientes ^ hombres principales, hizolos embeodar: ^ desque estuvieron 
bien tomados del vino, hifolos atar ^ sacrificarlos ft todos, sacftndoles los coragones 
vivos, como lo tienen por costumbre. E los que padescieron esta crueldad passaban 
de mil hombres, seiiores principales; 4 tomdles las casas ^ quanto tenian, 4 pobldlas de 
sus amigos ^ de los de la otra par^ialidad Mcxicana. tl ft todos los que tuvo por 
sospechosos, desterrdlos de la ciudad, que fu^ron mas de quatro mil hombres; y en 
los bienet* ^ moradas destos hifo que viviesscn los quel quiso enriqucsar con bienes 
agenos. tl aquellos que desterrd, hi^o que poblassen quatro leguas de alii, en un 
pueblo que de aquella gente se hi^o, que se llama Mezquique, ^ que le sirvirssen de 
perp^tuos esclHvos. £ assi como la cibdad se de^ia, y es su proprio nombi*e Temisti* 
tan, se llamd 6 llama por muchos Mexico dende aquell i maldad cometida por Monte- 
zuma.*' This story is repeated by him with less detail (Cap. I, p. 538). Although 
manifestly inconect, it is still interesting to compare with the current version. 

The punishment which the Tlatitulca received, is also mentioned by a number of 
authors. The prominent sources, however, are: Durda (Cap. XXXIV, pp. 270 and 
271), Tezozomoc (Cap. XLVI, pp. 74 and 75). Both of these relate that, besi<les, the 
great market place of Tlatilulco about which the latter says: '*that the tianguis 
(mmrket) was esteemed beyond, as if they had gained five tribes." The Tlatilulca 
were, as we shall hereafter see, mostly traders and, as one of their old men is made 
to say to *• Face in tlie Water," by Tezozomoc (p. 74) : " We are traders, merchants, and 

will give you (follows a long list of articles promised) since by force of arms 

this tianguis has been gained." Durdn, (p. 270) : ''After this was done, tiie King com- 
manded that this place and market which they had gained should be distributed 
among the lords, since the Tlatilulca had no other soil." Compare also the state- 
ments in regard to trading and bartering in aboriginal Mexico, and to the biginning 
of the traders at Tlatiluco, in Sahagun (Lili. IX, cap. 1, pp. 8:i5 and 3;{6). 

'*Kin of their own kin." In regai*d to this statement I beg to refer to one made by 
Veytia (Lib. II, cap. XV, p. 135) : •' Some modern national writers say that ttiis separa- 
tion did not occur precisely as between nobles and plebeyans, but that eight families 

Rkpout Pkabody Musbum, II. 38 

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Still, this low condition did not remain forever. The Tlatilulca 
were in a measure " re-adopted " into the tribe. After this, the3' 
formed a fifth quarter, or " phratry," which Father Vetancurt (in 
1690) mentions as containing six " parcialidades." But this re- 
habilitation never extinguished the fire of revenge kindled once 
among the Tlatilulca towards the Mexicans. The latter treated 
the former tlierefore, not as a tribe subject to tribute, but as a 
suspicious group, to which the rights and privileges resulting 
from consanguinity could not well be denied, but to which voice 
and vote in the leading councils should not be accorded. In this 
singular position, not strictly inferior, but evidently more *' dis- 
tant," we find the Tlatilulca at Mexico at the time of the 

or tribes, in which there were of both kinds, were those who divided themselves ft-om 
the rest.*' (See note 44.) It is much to be regretted that tlie eminent Mexican scholar 
has not given us the names of the.oe "Algnnos escritores nacionales modernos." 

»» According to Durdn (Cap. XXXI V, p. 271), they remained in a degraded condition 
for 160 days at least, or eight aboriginal months : •* y que leS turase esta penitencia y 
castigo hasta los ochenta dias del segundo tribute." But they were, according to him, 
relieved or it but conditionally : *• y asi les quitauan aquellos entiedichos que e contado, 
los quales, en faltandoles, eran tornados & poner." In order to comply with tlie de» 
mands of the Mexicans for slaves, the Tlatilulca were forced to carry arms again, so 
as to talce part in the wars. Tezozomoc (Cap. XLVI, p. 75) confirms, but implies 
previously (p. 75) that the Tlatilulca were specially obligated to be the traders for 
Mexico: **y haveis de ser nuestros tratantos y mercadres en los tianguis de Huexot- 
zinco, TIaxcalan, Tlilinquitepec, ZHcatlan, y Cholula." A similar punishment was meted 
out to them by "Stern cliief" the younger (the last Montezuma), after an unsuccess- 
fnl campaign against Huexotzinco, Cholula, and Atlixco. Durdn (Cap. LIX, pp. 468, 
469), Tezozomoc (Cap. XCVI, p. 170). It is, besides, positively asserted by the former 
(p. 271) that the "medicine lodge," or temple of TIatiluIco, was closed thereafter, 
abandoned and left to ruin and decay (**y asi dice la ystoria questuvo hasta entonces 
lleno de yerba y de vasura y caidas las paredes y dormitorios del "). It is, of course, 
confirmed by Tezozomoc (p. 75. cap. XLVI) : 'y asi fud que lo estiuvo muchos anSs hasta 
la venida que hizo Don Fernando Cort4s, Marquis del Valle, en esta nueva Espana, 
como adelante se dira, & que me reflere." It is somewhat difficult to reconcile these 
statements with those of Bernal Diez de Castillo (Cap. XCII, pp. 88, 89, 90, 91, Vedia, 
Vol. II), and of Sr. Icazhnlceta in Cervantes- Salazar C*^Tres Dialogos," note 40 to 2d 
Dial., p. 201) to the effect that Cortes visited that temple of TIatiluIco and foimd •* Stem 
chief" worshipping in it, an<l still more difficult is it to reconcile the relation of Ber- 
nal Diez with that of Andres de Tapia C*Relacion, etc.j etc.y" pp. 582-586, Col. de Doc. 
II), who, as an eye-witness too, deserves similar credit. 

TIatiluIco formed a quarter, a filth great one, of Mexico at the time of the conquest. 
This is distinctly stated by Motolinia (Historia, etc., Trat. Ill, cap. VII, pft. 180 and 
181), Torqtiemada (Lib. II, cap. XI, p. 93) confirms Motolinia in general, (Lib. Ill, cap. 
XXIV, p. 295), \fendieta (Lib. Ill, cap. II, p. 182), "en el barrio llamado Tlatelulco;" 
(Lib. IV, cap. XV, p. 414), "y el barrio se dice Tlatelulco," adding (p. 418) " que son del 
mismo pueblo de Tlatelulco;" (Cap. XVII, p. 423), "El convento de Santiago de Tlate- 
lulco que es como barrio de Mexico; " (Cap. XXVIII, p. 466) , " pueblo de Tlatelulco; " 
(Id., p. 483, Cap. XXIX). That this fifth great quarter was again divided into six 
smaller ones, is proven by Vetancurt (^^^CrdnicOj etc.," pp. 207 and 212): " Tiene cuatro 
religiosos que con el ministro colado admiuistran d mas de mil quinientas personas en 

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' Tkts incident iu Mexican histoty does not exhibit any features 
different from those found at the basis of tribal society, and it is 
not until the first decade of the sixteenth century that we are re- 
£erred to the period when aboriginal institutions of ancient Mexico 
emerged from their former condition into that of political society 
proper and exhibited the features of rule as despotic as any on the 
three ea,stern continents. Even Robertson has so far yielded to 
this preconceived idea as to write, "Tiiis appearance of incon- 
sistency has arisen from inattention to the innovations of Mop- 
tezuma upon the Mexican policy. His aspiring ambition subverted 
the original system of government, and introduced a purjB despot- 
ism. He disregarded the ancient laws, violated the privileges 
held most sacred, and reduced his subjects of every order to. 
the level of slaves."^® In general, many deeds, creditable and 
disreputable, arc charged to that ill-starred "chief of men" of 
the Mexican tribe, whose tragical death has furnished a welcome, 
topic to the most brilliant writers. " Wrathy chief " (Motecuzumah 
or Montezuma) was however innocent of many or of the most, if 

seis parcialidades. que cada cual tiene sua bai'rios." This is indefinite and vague, and 
we ai-e still left in doubt as to whether there were only six or whether there were more. 
The words "each of which has its quarters" would indicate that each of these " parci- 
alidades" was divided into smaller ones. Still, " parcialidad" and " barrio" are re- 
garded as equivalent terms, and both signify kins. The history of the captui-e of the 
Mexican pueblo has, in some details of the siege, preserved to us the names of some 
aboriginal "barrios" of Tlatilulco. Vetancurt (Vol. II, Part. Ill, Trat. II, cap. VII, 
p. 194) mentions two of them : ''Yocacolco" (with the crmita of Santa- Ana) and "Ama- 
zac" (ermita of Santa Lucia), the latter of which is again named (Cap. X. p. 206) by 
him, and by Torquemada also. Torquemcida gives a number of names even : Nonohualco 
(Lib. IV, cap. XCIII, pp. 551, 552), Yacocalco (p. 552), Tlacuchcalco (p. 552), Amazac, 
Coyonacazco (p. 552). This gives the names of five barrios of Tlatilulco. If to this 
we add "el Barrio, que se llama Xocotitlan, que es agora San Francisco, que por otro 
nombre se llama Gihuatecpan," (p. 552), we would have the sixth quarter also. 

That the administration of Tlatilulco remained separate from that of Tenuchtitlan is 
proven by the fact that Montezuma was assisted by twenty chiefs corresponding to the 
twenty kins of the Tenuchca only^ and without representation for the Tlatilulca. See 
Bemal Diez de CdttiUo (Cap. XCV, p. »5, Vedia II). But the war-chief of Tlatilulco 
was present at the council. Thus " Itzquauhtin " is frequently mentioned as the com- 
panion of Montezuma. SahagwuLih. XII, cap. XVI, p. 24; cap. XVII, p. 25; cap. XXI, 
p. 28; cap. XXIII, p. 31). Torquemada (Lib. IV, cap. LXX, pp. 498, 499). Vetancurt 
(Vol. II. cap. XV, Parte III, p. 133). Clavigero (Vol. II, Lib. IX. cap. XIX, p. 153). 

Of the hatred between Mexicans proper and Tlatilulca the last days of the siege of 
Mexico furnish numerous instances. Both Torquemada (Lib. IV, cap. XCII, p. 550) 
and Vetancurt (Parte III, cap. VI of 2d Trat., p. 193) mention the flight of the former 
into Tlatilulco as taking refuge among enemies. Finally the following passage is suffi- 
ciently plain: XHtrdn (Cap. XXXIV, p. 271), "E fu^ tanta la pertinacia de los Mexi- 
canos» que hasta que los espauoles vinieron k la tierra no les dejaron tornar & libertad 
ninguna, ni ft tener templo particular." 

. «o "JSrafory of America;^ (»th Edition, 1800, Vol. lU, Book VII, p. 291). 

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not all, of these good or bad actions, and this pimply for the reason 
thatheiiad ^ot the power to commit them* Thus he is charged 
Vfith remodelling his houstebold^ removing certain assistants,, f^nd, 
filling the vacancies with "scions of noble stock," creating, at 
the sauoe time, hereditary charges. , It may be that, in the case 
of simple runners for instance, the "qhief of men" held ample 
authority to select his, men,. consequently to remove them ; but it 
is certain that for any office of permanence with the kin or tribe, 
he had not the least discretionary power.. How insignificant his 
influence even was, when severed from organized tribal govern- 
liaent, is amply shown by his utter helplessness from the very^ 
moment that the Spaniaids had once treated him as a fettered 

•iThe name ia variously written "Miitiznma," "Mntecznma," *' Moctezuma/' »* Mon- 
tezuma," •* Moctbeaz0ina»''. ^^.Moteenhzoma ; " aad ** Senor severo," is the most current 
interpi-etation. On the tables of purdn <Tiat. 1, Lam. 7, 8, 9, 21, 23, 23, 26) and io gen- 
eral, the ''name" is painted as the head-dress ('' Xiuhhnitzolli '' ) of a chieftain, trans- 
pieixsed by an aiTow. The etymology may be : " mo *^—'* thine," ** tectihtH "•—** chief,^' 
and M 9umale "—•'furious and wrathy." (3/o/«na, II, p. 28), therefore "wrathy chief," 
or *^ stern' chief/' Aside &*om the charges prefered against him by Ixtlilxochitl and 
his ''school" of subverting gradually the basis of the confederacy, Mexican authors 
aeeuse bim4>f itaviag revolutionized the institutions of his own tril)e. These reports 
have been beautifully remodelled into classical English. by Mr. PreacoU (** Conquest of 
Mexico,'' Book II, cap. VI, pp. 309 and 810). Mr.H. H. Bancroft (Vol. V, pp. 467. 473, 
474, 475, etc.)* is equally careful in reproducing all suchiales, or a r^sum^ thereof, in a 
shape more palatable to i-eined and impressionable readers. 

The substance of these accusations becomes, however^ reduced to the following 
statements* as expressed by Tezozomoc (Cap. LXXXIII, pp. 146 and 146): ''He said 
once to Zihuacoatl Tilpotonqui; Ihav>e thought it might be well to change the manner 
in which the ofaiefs and messengers should be selected and to establish a different way 
from that introdnced under my uncle Ahuitzotl. Let those serving within their Ufe«, 
time, be dismissed and others put in their places, elected from the four quarters of i 
Moyotlan, Teopan, Aztacualco, and Cuepopan.— which shall be children of chiefs, and; 
shall stay at the huehuecalli, or houses of the community, with the chief-steward) 
dwelling near by. Some of the principals of this tribe now have sons, begotten fromi 
slaves, now — these are principals, and let them become delegates (ambassadors, mes-{ 
sengers, '.' embajadores "), and not be cast aside for a miserable macehual whoi 
because he is Tequihua, Caoanhtli, or Cuaohtc, Otomies, should therefore be set ovei) 

the principal Mexican chiefs, and the sons of head-chiefs (Kings, "reyes") * 

What I want is to bring forth those childi'en ol' chielltains, which have been forgottenl 
so long, and that such as held the office under the chief Ahuitzotl and your father. 

Zihuacoatl may I'eturn to rest Zihuacoatl then called together the council : "al 

palacio comun," and submitted to them this suggestion, " of which they were all satis- 
fled.'? With this resolution Zihuacoatl went to the chief and said : I do not want 
them to be of age now, but only ten or twelve years old, that they may be instructed 
properly, and become skilled in speaking, well disposed, like unto pages to the chief- 
tain. When they had come before Zihuacoatl, as second person of the chief, he made 
along ttpeech to them concern iug their line of conduct: Every day you shall attend 
to Huitzilopochtli and to the chief, rising early for orations, and doing the same at 
nightfall, to become expert in the ways of penitence and sacrifice. Then you shall 
cleanse the temple, and the chief-house, afterwards have it swept before. he cornea 

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It is therefore vain to look for any impoi*tant change in the 
institutions of the ancient Mexicans even at this third and latest 
date, which was the last chance, so to say, if any at all, for such 

ont. Keep yonr dresses clean and in order, alao his own dress and ornaments ; his 
tress, medal, and chain ; also every five days his blow-tube and Im>w, that he may 
recreate himself with it. Attend to htm at meal-time, momingr and evening, serving 
him with cacao, roses, perfumes, with much humility and respect, never looking into 
his face under pain of deatii. Talce care that the cooliing be well done, and that the 
stewards provide for everything. But, while there you stay, beware, for many women 
of worth are seen tliere, and to whose needs you have also to attend,— watch your 
behavior, for should you attempt anything against them, you and yonr relations will 
be driven off, and if you commit any bad action with any of these women, yonr fathers 
houses will be razed, salt strewn over their ruins, and you and your lineage must 
perish.** At the close of this and other (less important) tallc it is said : *' and in course 
of time they became so well bred, refined, and instructed, and skilAil, that they were 
of the most prominent chieftains and leading men in this house and court.K Durdn 
(Cap. LJI, pp. 4l6-i22) does not fail to confirm the statements of Tezozomoo, extending, 
however, the removals to nearly all the offices : *• asi en el servicio de sus casa y per- 
sona, como en el r^men de la provincia y reyno'* (p. 417); also excluding illegitimate 
offspring C nengtin bastardo '*)? «"<) giving a number of more or less peitinent details. 
He even asserts that the officers of the kins were removed. In short, he represents it 
as the introduction of absolute despotism, surrounding at the same time the throne by 
a powerful nobility. Acosta (Lib. VII, cap. 21. p. 506) and Htrrera (Dec. Ill, lib. II, 
cap. XIV, p. 66), " porqu^ mandd, que no le sirviesen sino nobles, i que la Gente Ilustre 
estnviese en sn Palacio, i exercitase oficios de su Casa, i Corte.*' Torquemada (Lib. 
II, cap. LIX, p. 196), Vetancurt (Part II, Trat. I, cap. XIX, p. 328). and others, confirm, 
although in a more concise style than the first named authors. It is evident that all 
these authors muf^t have gathered tvova the same source, which cannot be Sahagun^ 
nor Motoliniaj neither Mendieta^ nor any of the known conquerors. The story, as told 
and detailed by Dur&n, presupposes a class of hereditary nobles, already formed and 
in fhll vigor, but excluded in part f^om tenure of office or ratlter sharing such right of 
tenure equally witii those of the common class. This is distinctly acknowledged by 
Tezozomoc, and more particularly yet by Dur&n himself: " y mudar todos los que su 
tio Auitzotl aiUa puesto y de los que se aula servido, porque munclias dellos eran de 
baxa suerte y hijos de hombres baxos,** p. 417, etc. Now I have proven {*' Tenure 
of Lands, pp. 419, 420, 421, etc., to p. 448) that there was no privileged class based on 
tenure of the soil. The revolution assumed presuppose^ that there waf>, up to the last 
** wrathy chief," no class of nobles in exclusive possession of the offices, consequently, 
even if the ** chief of men" in question had any inclination or desire to oust tiie "com- 
mon people " A'om their official positions, the main desideratum, namely, the ** uncom- 
mon " ones wherewith to i*eplace them, and for whose benefit the whole affair was 
planned, were not on hand. For nobility not based on hereditaiy ownership, or heredi- 
tary command of some kind, is no nobility at all. As far as heredity of offire is con- 
cerned, Durin himself is one of the most powerAil witnesses against it (e. ^., Cap. 
LXrV, pp. 498 and 499). If, therefore, "wrathy chief" created a class of privileged 
office-holders about the year 1503, it must have been very short-lived, for it was cer- 
tainly out of existence sixteen years later, at the beginning of the Spanish conquest. 

The version of Tezozomoc is evidently the correct one, and tlius the whole stni*y 
dwindles down to the selection of certain boys, probably of his own kin, for the 
special service of the tribal house of government, which took place with the knowledge 
and consent of the council only. Whether this act, if converted into a custom, might 
have gradually merged into prevalence of a certain kin over the i*est, is another 
question, which the intervening conquest of Mexico by the Spaniards, has lelt without 
decisive answer. About the helplessness of Montezuma while a captive, see authors 
on the Conquest in general. 

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a revolution before the advent of Europeans. We are conse- 
quently, by this investigation of the history of aboriginal Mex- 
ico, justified in claiming the state of its society to be as yet 
exclusively tribal. 

Tribal society presupposes equality of rights among all members 
of the kins composing the tribe. Hence it follows that "caste" 
and hereditary rank could not exist, that there could not be any 
division, among the ancient Mexicans, into higher and 'lower 
classes, into " nobles " and " common people," or into hereditary 
professions or vocations like " priests," " warriors," '' merchants," 
** artisans," and " tillers of the soil." In vindication however of 
our assertion, which might otherwise appear as too sweeping, we 
may be permitted here to dwell at some greater length on this 
particular question. 

Nobility is based upon hereditary privilege of some kind. Either 
it consists in landed property with herejditability of title and (at 
least originally) office, or in a hereditary charge alone, or privilege 
or power over others transmitted with the blood. While the former 
has become more usually known and is therefore regarded as 
characteristic, the latter, always accompanied by " loose wealth " 
at least, is still found among pastoral nations.^^ It may even 
have been the incipient form of the other. Now, among the 
ancient Mexicans, we have seen that ; — 

1. The notion of abstract ownership of the soil, in any shape, 
had not yet arisen. 

2. Individuals, whatever might be their position or office, with- 
out any exception, had but a right to use certain tracts, and no 
possessory rights, even, to land were attached to any office or 

3. No office itself, whether of the kin or tribe, was hereditarj'^ 
in any family, since the Mexican family, as such, was yet in but 
a nascent state.^^ 

4. Futhermore loose property was subject to such diminutions 
occasioned by the mode of worship,^* and especially of burial,^^ 

w The Arabs for instance. See Kremer ('" Oeachichte der herrachenden Ideen de$ 

<»For these three points see " Tenure of Lands" in general, and pp. 447-48 in par- 

•* Motolinia (Trat. I, cap. IV, p. 31). " Otros trabajaban y adquirian dos 6 tres anos 
cuanto podian, para hacer una fiesta al demonio, y en ella no solo gastaban cuanto 
tenian, mas aun se adeudaban, de manera que tenian que servir y trabajar otio aiio y 
aun otros dos para salir de deuda; . . ." 

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that it conld not aocumulate io as to exert any tntkienee in thfe 
iiands and in behalt a\ any individual or of his immediate rela- 

Consequently, aboriginal Mexico could have neither nobility 
nor patriciate, and when such a privileged class does not exist, 
it is useless to seek for anotlier to which the term **^ unprivileged'' 
or " common " can be applied. 

In a future essay we shall attempt to prave that the Mexicans 
Tiad no hereditary caste of " medicine men'* or priests. We have 
elsewhere shown that there was no caste of warriors.^^ The mode 
of TenuV^ and distribution of the soil precludes all possibility Of 
the existence of a permanent class of *^' tillers.**^ It yet remains 
to <;abt a glance at the so-called artisans^ and at the trader^ or 
" mei*chants." 

Neither of these two professions were held to personal* improve- 
tnerit of thfeir garden lots ('• tlalmilli ") but, Hire officei*d, they 
could have them improved by others under their names and 
foi" their benefit.*^' The statement of Ztirita **that' a quarter 
was composed of all kinds of people" ®® disposes of the opinion, 
that such quarters contained each but members fvucti^irnj a single 
trade. Thus there was no geographical agglomeration, by pro- 
fessions.^* Again, no rule existed enforcing or establishing here- 
ditament in kind of work, or manner of sustenance. The son 
-might embrace, at his choice, his father^s occupation^ but nothing 

*> Compare the burial rites of the Mexicans as reported bj the majority of old 

' M **Art cf War " (p. 98, notes t, », 40). Zuriia *♦ Rapport,** (p. 48), ♦* Il« ^taient tenwe 
seulement au service niilitaire, pour lequel aucune excuse n'^tait admise." 

«' " Tenure of Lands " (p. 426, note 98). Consult the authorities therein quoted. 

9»'* Rapport'* (p. 2121), 

"•It is mostly on the authority of Sahagun (Lib. IXj vol. II), that the settlement by 
professional clusters is admitted. JxtUlxochitl {" Histoire de$ ChichimMques," Cap. 
XXXVIII, pt).2fl2 and 268, ** DiioddciifM Reiacifm,** p. 888-, KinsrsbOrough, Vol. IX) also 
says that, at Tezcuco, each profession had its own quarter in the pueblo. But an 
attentive readin^c of the first author named (Cap. XVIII, p. 39-2), where he treats of the 
feathei'workers '■ De los ofleiales que labran plunrn, que hacen plumajesi y otras cosas 
de la misma,'^^ satisfies us at once of the fVict, that the venerable authoronly refers to 
worship of certain idols in a certain quarter, and not to compulsory residence therein, 
of certain kfnds of worldng men. Nowhere does he say that the ^Amantecas ** wer 
all featherworlcers. He mentions a barrio ^^Amatlan'^ or "Amantla." Might it be 
the •^Ataanalco " of Vetancurt?. Compare also Torquemada (Lib* Vf, -cap. XXX, pp. 
59 and 60), MotoUnia (Trat. I, cap. XII, pp. 67 and 68). " El conquistador Andnimo** 
(Col. do Doc* Vol. I); ** Le piazze de i meroati," Cpp. 892 «nd 893), although eo«iceming 
the marlEets exclusively* Herrera (Dee. III. lib. iV, p. 138, cap. 188), ** i estos nndaban 
por los Barrios, porque en- ellos havia de todo g^nero de gentee/^ Copied after Zmiita 
Vetancurt (Part II, Trat. I, cap. IV), Clavigero (Lib. VII, cap. LI, p. 561). 

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cohUpdled him to do it.''<> It is true, that stich ad fortned gold or 
!4ilver!nto pleasing or (as viewed from eastern notions of taste) 
rather striking shapes; enjoyed some particular consideration^, 
*bnt this wtts not so much in deference to their skill, as to the 
materia? upon which they exerted it. Gold ("teo-cuitlatl") and 
isilver (*'Iztac-teo cuitlatl") vrere regarded «fcS'*'oflral bf gods." 
Thus they became objects of " medicine," and those who wrought 
them into useful or decorative articles, were near to the ''medicine- 
man " themselves."''* Furthermore, the manner and method of 
wmking was so slow, it relied so exclusively upon that patient 
dilsregard of time which characterizes even the manirfacture of 
a simple arrowhead, that no accumulation of wealth could result 
from it.^2 Besides, the artisan had, like any other member of 
the kin, to, furnish his share towards the reiquirements of public 

T« ^urita (" Rapport, etc ,»» p. 129). " Les chefs inWrienrs et les pertonnee du peirple 
^levaient aussi leiirs enfaiits aveo beaaooup de soin, leur inspiraient Phorrear duTice, 
leur recommandaient le respect des dienx, les condaisaient aux temples etles faisaieot 
travailler snitafitletirs dispositions; cependant, en g^n^ral, le flls ^mt>ra88ait la pro- 
fession de son pii-e." OomaraV^Conquieta, etc ,** Vedia, Vol. I, p. 438). " Los pobres 
enscnaban ft sns toijos Bnn oflcios, no porqiie no tnviesen libertad parR tnostralles otro, 
sino porqne los aprendtesen sin gastar con 'eWos^ CarloB Maria de Btbstamante, 
Ttzcoco en los vUimos Tfempo$ rf« 8U9 antiffuos iPeye«," 1896. Parte tercei-a, (Oap. m, 
p. 212). '^Ensefiaban ademas los oflcJos ft que Cenian aflcion.-** Ciavigtrb (Lib. VII, 
cap. V, p. 4(12). "The sons generally teartied the trade of their Ittiiiers^" but they 
were not bound to do it, aivd therefore no •* caste.'* 

^»The woi-ds are composed of: ♦'Iztac," white object (MkHina' II, p. 49), "Teotl'> 
god (U, p. 101), "Cuitliitr' filth, therefore gold was ••oftilof God," and silver, 
" white offal of God." 

The working of gold and sllrw was regarded, by the Mexicans, as an invention of 
** Quetzalcohuatl." Sahagun (Lib; III, cap. Ill, p. 243), " y los vasallos que tenia ef-an 
todos oficiales de artes mec&nicas, y diestros para labrar las' pledras verdes, que se 
llaman chalchivites, y tambien para fundh* plata, y hacer otras cosas; y estas aiDee 
todos tnvi^ron principfo y origen de 1 dich<^ Quettaieoatt** (Also Lib. X, cap. XXIX, 
p. 113, etc.) Theft of gold or precious stones was* punished by death throngh sacrifice. 
Clavigero (Lib. VII, cap. XVII, p. 487). Vetanmri (Parte lla, Trat. r, p. 484, '^LeyCls 
do los Mexicanos **). 

'• A very remarkable way of manufacturing thehr most admired work«-^those made 
of feathers — is reported by Afendieta (Lib. IV, cap: XII, pp. 406 and 406): **And there 
is, besides, something else to notice of this featherwork, namely: that if therd are 
'twenty artisans, they will undertake jointly the mrttmfacture of one piece (*»!mAgen*'), 
for, dividing among themselves the figure of the image in as many parts as there tire Of 
their number, each one takes his piece home and finishes it there. Afterwards they all 
meet again and put their pieces together, thus finishing the figui-e in as perfect ft 
manner as if oi»e alone had made the whole." (Copied by 7brg««morfa, Lib; XIII, 
cap. XXXIV, p. 480, and, with slight variations, also by Vetancurt, Vol. I, p. B89.) In 
regard to the manner of working, T(>rqueiMxda (Lib. XIII, cap; XXXIV, p. 487), makes 
the pertinent remark : **AIl this they worked (as we have said) with other stones, and 
with flint; and according* to the subtlety of the work, I think they m"u8t have spent long 
time in finishing It." See in general E, B. Tylor (" Heaeardhea into the Early History of 
ManHnd,** Cap. VII, pp. 187 and 188), also MbtoHnia (Trat. I, cap. IV, pp. 31 and 32). ' 

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life: ^3 hence little was left to him be3'oiid his legitimate wants. 
We see thus, that hardly any chance was given for the formation 
of a class which, resting upon the kind of occupation, might 
assume the position of ^* caste'* in the organization of aboriginal 
Mexican society. 

It is repeatedly asserted, and on high authority, that the mer- 
chants or traders of Mexico enjoyed particular privileges. We 
must premise here that merchants, in the sense of venders of 
other people's manufactures or products (thus living off of the 
difference between cost and proceeds) were known only in one 
way."^^ The name for mei*chant was ^^man who exchanges one 

f * That the artiaans or mechanics contributed a portion of their waras in the Bhape 
of tribute, is amply proven. See for instance, Ovietto (Lib. XXXIII, cap LI, p. 530. 
Kasily misunderstood I) This passage of Oviedo explains tie action of ^'wrathy 
chief*' towards the "Jewellers " and "goldsmiths " at tlie aiTival of Cortes, as related 
by Tezozonioc, Dur&n, and by Sahagun. See also: Zurita ('< Rapport, etc.," p. 223). 
Buitamante ('' Teatcocot etc.," Parte III, cap. V, p. 232). Herrera (Dec. Ill, lib. JV, cap. 
XVII, p. 138). Clavlgero (Lib. VII, cap. XV, p. 480). Bancroft (Vol. JII, cap. VI, pp. 
281 and 232). 

">* The existence of currency, or of money, in the shape of grains of cacao, T shapen 
pieces of tin or copper, and quills filled with gold dust is generally admitted. See 
for instance, Preacott (•• Conguett o/MexicOt" Book IV, cap II. p. 140). H, H. Bancroft 
(Vol. II, cap. XII, pp. 881, 883. and 883). Cacao played, among the ancient Mexicans, 
the same role as ** wampum " did among the northei*n Indians, for purposes of ex- 
change, but did not go beyond it. In regard to the BO-calle<l copper or tin coins, or 
rather marks or checks, it is well to examine the matter more closely. Cortis (" Carta 
Quarta" in Vedia I, p. Ill), says very positively that at Tachco, he obtained 
sundry small pieces of tin like very thin money (''ft manera de moneda muy delgada")i 
which he indeed found to have been useil as currency by the natives, ('* halld que en 
dicha provincia, aun en otras, se tratuba por moneda "). Bernal Diet (Cap, XCII, p. 
89, Vedia II) mentions axes of ** brass, copper, and tin'* (**hachas de laton y cobre y 
estafio "), bartered at the market place of Tlatelulro, " and before we left this square 
(" plaza ") we met with other trailers, who f^'om what they said, sold gold in gi-ains as 
they obtained it from the mines, and enclosed in quills of the geese of the land, and so 
thin ('* asi blancos? so white) that the gold might be seen, and by the length and size 
of the quills they determined how many mantles or "Jiquipiles** (bags of 8000 grains) 
of cacao they were worth, or slaves, or any other things for which they bartered it," 
(•« ^ otra qualquier cosa ft que lo trocaban "). Gotnara (** Conquista, etc.," pp. 848 and 
849). '^Butthechief one is cacahuatl, which serves as coin. . . ." ** Their buying and 
selling consists in exchanging one thing for another. . . ." (Id., p. 4A1). *'No tenian 
moneda, teniendo mucha plata, oro y cobra, y sabi^ndolo hundir y labrar, y contratando 
mucho en ferias y mercados. Su moneda usual y corrionte es cacauatl 6 cacao." 
Oviedo (Lib. VIII, cnp. XXX, pp. 816, 817. Lib. XXXIII, cap. LI, p. 530) mentions only 
cacao as currency. Torquemada (Lib. XIV, cap. XIV, p. 2B0). •• It was customary at 
these marts ('en estos mercados to exchange ('trocar') one thing for another, and 
even nowadays ttiis is sometimes practised ; but everywhere cacao ts most commonly 
used. In other parts they used, besides, some small mantles which they call Patol- 

quachtli Elsewhere they used plentifully some copper coins, almost like unto 

('* de hechura") a Tau T, two or three fingers wide and made of thin plates (** plan* 
chuela ") some thicker, other less thick. Where there was much gold (*' donde avia 
mucho Oro"), small quills filled with it, circulated among the Indians," ("traian nnos 
Canutillos de ello, y andaba entre los Indios mucho de esto "). Alotizo Zuaxo (*' Carta 

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thing for another" ("tlanamacani"),'^^ and such was every arti- 
san, since, in the market place of aboriginal Mexico, every artisan 
bartered his own manufactures for whatever he needed for sub- 

al Padre Fray Luis de Figueroa" Santiago de Cuba, 14 Nov., 1521. Col. de Hoc. Vol. I, 
p. 861). "Hay una nionedu entre ellos con que venden y compran, que se llama 
<*acaliuate, . . ." Anonymous Conqueror (jj. 380, etc.) mentions Cacao, "e ^ moneta la 
j)iu comune, ma molto inconioda dopo I'oro ^ I'argento .... Acosta (Lib. IV, cap. 3, 
p. 198) •' No se halla, que los Indios usassen oro, ni plata, ni metal para moneda, ni 
para precio de la cosas, usauanlo para oniato, como esta dicho." The statement of 
Turquei)iada is plain. While it explains the gradual ascent and development of the 
notion that the Mexicans had an equivalent to money, it clearly proves that only barter 
and exchaiisie, and no actual buying, took place. The copper-plates which, as Mr. Ban- 
croft justly remarket, '< constituted perhaps the nearest approach to coined money," 
still were not inteuded even for such a purpose, since they were of varying size and 
thickness. But the story of the copper or golden "'Eagles^* given to the Mexican traders 
as money wherewith to buy, as faithfully reported and gravely discussed by Mr. Ban- 
crolt also, deserves some special ventilation. This story is taken from Sahagun (Lib. 
IX, cap. II, p. 342) " y dabales 1(500 toldillos, que ellos llaman quauhtli para rescatar." 
These toldillos they divided into two parts of 800 each. Now Sahagun's editor, Sr. 
C M. de Bufitamante, very ctmfidently asserts in note a, (p. 342): **Era una moneda 
que conslstia en unos pedazos de cobre cortados en figura de T. — Clavigero, tom. I, pag. 
349." The reference to Clavigero is for Lib. VII, cap. XXXVI. Now ''Toldillo" is 
derived from " toldar" that is, to shrouil or cover, and means merely a cover, and not a 
piece of metal. Used aKso for a covered litter or portable chair. Besides, "quauhtli" 
in«lee<l signiilen Kajile, but it is an evident misprint and should read "quachtli," which 
signitles a mantle or sheet, thus perfectly agreeing both with the "toldillo" and with 
the '-patolquachtli" of Torquemada. Tlie ••golden eagles" of Mr. Brasseur are 
therefore rendered utterly useless. 

Anyone reading Tezozomoc will see at a glance what a conspicuous part these 
mantles "Quachtli," (AfoUna, II, p. 81) playeil in intercourse and barter. According to 
JRamifCz de Fuenleal (Letter, etc., Col. de Doc's cone, le Mexique, I, p. 251) they 
formed to a certain extent the basis of tribute. These cotton-sheets are well described 
by Peter Martyr (*• De nouo Orbe,'^ Dec. V.. cap. X, p. 230) : ••Concerning the shape and 
fashion of their garments, it is ridicnlous to behold : they call it a garmente, because 
they couer themselves therewith, but it hath no resemblance with any other garment, 
of any fashion : it is only a square couering like unto that, which your holiness cast on 
your shoulders, sometimes in my presence, when you are about to kimbe your heade, 
to preserve your garments, least haire, or any other filth should fal upon them. That 
couering they cast about their necke, antl then knitting two of the four corners under 
their throate. they lette the couering hang downc, which scarce couereth the bodie as 
lowe as the legges. Having seen these garments I ceased to wonder, that so great a 
number of garments was sent to Cortes, as we mentioned before: for they are all of 
sm.ill moment, and many of them take uppe but little roome." 

With the absence of money the profession of merchant as one who lives from the 
profits ot his sales, becomes bmited to what he can gather from outside of his 
own community, in other woj-ds, to what he can import. Tlieir main and almost exclu- 
sive business consisted in effecting intercourse between the tribes. At home, every 
artisan sold or rather exchanged his own wares in the public markets. See Cortes 
{''Carta Segunda,*' Vedia I, pp. 32 and :^3), liernal Diez {"Hist, verdad.,'^ etc., Vedia II, 
p. 89, cap. XCil), Gomara {'* Conquista," p. :U8, Vedia I), "Cada oflcio y cada mercade- 
ria tiene su lug:ir seiialado . . . .", Sahagun (Lib. X, cap. XVI, p. 41), "El que vende 
piedras preciosas, 6 lapidaiio es de esta propriedad, que sabe labrar sutilmente las pie- 
dras i)reciosas y pulirlas. . . .*' He mentions as manufacturers of their own goods 
the following: "plateros de oro" (41), "Tratantes en mhutas" (Cap. XVII, 42), "que 
vcnilen niantas," " que venden cotaras " (Cap. XX, pp. 48, 49 and 51), "oUeros," •• que 


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sistance. Another name for the same profession was " man 
who takes more than he gives" 'Hiamieqiii,"^^ a surname or 
slur. Lastly they were called '' puchtecatl."'' It is with this 
title that traders appear, among the ancient Mexicans, as privi- 
leged people. But such they became always only under peculiar 
circumstances. At certain intervals of time a number of men 
gathered, forming a company for the purpose of visiting the 
market places of other tribes and exchanging their home products 
for those of distant regions. Such an enterprise was always a 
great venture, and required a peculiar organization. The par- 
ticipants were to be numerous enough to resist the assaults 
of straggling bands, but they should not appear so numerous 
as to arouse suspicion. They should be well aimed, but at 
the same time anxious to avoid collision. They needed a 
certain number of carriers, not only for the wares which they 
took along, but for their supplies, still the number of these 
^ j carriers could not be too great. Such an expedition was in 
v^ I reality not a private, but a tribal undertaking. Its members not 
only carried into distant countries the industry of their tribe, 
but they also had to observe the customs, manners, and resources 
of the people whom they visited. Clothed with diplomatic at- 
tributes, they often were less traders than sjnes. Thus they 
cautiously felt their way from tribe to tribe, from Indian fair to 
Indian fair, exchanging their stuff for articles not produced at 
home, all the while carefully noting what might be important to 
their own tribe. It was a highly dangerous mission. Frequently 
they never returned, being waylaid, or treacherously butchered 
even while enjoying the hospitality of a pueblo in which they had 
been bartering. 

The safe return however of such a party to the pueblo of 
Mexico was always an important and joyful event. The recep- 
tion was sometimes, in solemnity of exercises and in barbarous 

venden comales,*' ''que venden cestos," " que vende petncas" (Cap. XXIII, p. 6fi, etc.). 
"oflcial de navajas," "Lo? que hacen esteras " (Cap. XXIV, p. 69). In geneiaK nearly 
all the aboriginal mannfucturers are meutroned by him also as selling the pioducts of 
their industry, and vice versa. H. H. Bancroft (Vol. II, pp. 383 and 384, cap. XII). 

'* Molina (" Vocabulario " Parte la, p. 84). " Tlanamacac," "tendero," •• k vendedor de 
algo,** Parte Ila, p. 127 ; " nite-tlananiictia," " dar o trocar una cosa por oti*a, o reconi • 
pensar " (p. 127, II). Exchange and sale appear almost synonymous. 

'« Molina (Parte la, p. 84). From " nite-tiamicaquitia," " mohatrar »' (II, p. 112). 

" Molina (I, 84), also (II, 83, 84). Sahayun (Lib. IX, cap. Ill, p. 3t8, cap. V, pp. 354, 
356, cap. X, p. 372, etc.), calls them also: '• naoaloztomeca," literally •* ]»eddlars of the 
NahuatU' Molina (II, p. 78). The derivation of both words I am unable to give. 

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pomp, second only to that of the tribal forces returning from a 
successful campaign or fora3^ The traders went first to the 
central place of worship, there to stoop before the idols in token 
of adoration. From the great " medicine-lodge" the band re- 
paired to the '' tecpan," where they met the council of the tribe 
and its leading officers. Sometimes in presence of a concourse 
of people, and again if required, in ''secret session" the traders 
communicated, for the benefit of the tribe, any results of their 
explorations. After this their particular quarters gave them ap- 
propriate receptions also, and in some instances even the whole 
tribe celebrated their return with solemn dances, and a distri- 
bution of victuals corresponding to what in our time would be 
called a popular feast. 

In order to realize the substantial results of such expeditions 
we must bear in mind, that whatever they brought back had to 
be carried b}^ men. As already intimated, the number of these 
men was limited. They could not, without jeopardizing the 
object of their mission or enterprise, take large bodies of assist- 
ants along. Besides, as these assistants also had to carry their 
own food, providing for many journeys through uncultivated 
(*' neutral ") wastes, this also restricted the amount of material 
brought home. However precious that material might be to the 
Mexican tribe, it was certainly limited in quantity. Finally, 
custom demanded that the most highly priced articles should be 
off*ered up to worship, to the stores of the tribe and of the kins. . 
Little material gain therefore, remained to the courageous trav- 
ellers themselves. The proceeds of their enterprise were largely 
for the benefit of the community and the reward bestowed upon 
them by that community rather than the profits derived from any 
traflSc, composed the personal gain of the participants. This re- 
ward consisted of presents out of the public stores, and especially 
in the marks of distinction bestowed upon them. 

Thus the so-called '' merchants " of ancient Mexico became 
equivalent to distinguished braves, and their deeds entitled them 
frequently to the rank of chiefs. But if, on one hand, they had 
no opportunity to secure anything like personal wealth, on the 
other the rewards of merit did not attach to their off*spring. No 
dass of traders, no caste of merchants, can therefore have existed, 
and if a certain well-earned consideration attached itself to the 
person of those who embraced occasionally such a hazardous 

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and important occupation, this consideration did not go beyond 
tlie persons tliemselves, and was in proportion to the value of the 

'« Prescott C* Conquest, '' Book I, cap. V, p. 147). Bancroft (Vol. II, cap. Xfl, p. 387, 
etc.). Bastian ('•Culturlaender," Vol. II, pp. 61)7 and 698) and others like Brasseur de 
Bourbourg {*'Histoire des Nations civilisees du Mt'xique et de VAmerique Ceittrale," 18.i7- 
1859, Paris, Vol. Ill, p. 612, etc.), have given more or less detailed descriptions of the 
Mexican mode of traiUc and commerce. Among the older sources, and those which 
necessarily formed the basis of my imperfect sketch, the leading position is occupied 
by Father Sahagun (Lib. IX, Vol. II, '^Historia general de la Cosaa de Xueva-Espana). 
From these statements we gather, what has already been said (note 58), that tiie Tlati- 
hilca were the leading traders (Cap. I, pp. 335, :i:i(}), and that they were organized and 
directed by particular chiefs of their own. The venerable father is not very clear in 
the matter of these particular officers, as (Cap. 1) he names first two (p. Sii5), then five 
(p. 337, cap. II), and lastly (Lib. X, cap. XVI, p. 40), one: ''Seuor 6 Principal eutre 
ellos," whom he calls: "puchtecatlailotlac, o acxOtecatl, que es tanto, como si 
dij^semos que es gobernador de los mercaderes, y estos dos nombres y oti-os muchos 
que estan puestos en lalctra, seatribuyen al quees mayor principal gobernador 6 senor 
6 que es casi padre y madre de todos los mercaderes." (Lib. IX, cap. Ill, pp. 348 and 
349), he speaks of "the principals," "los mercaderes viejos" as "speakers of the 
traders" *' pochtecatlatoque." Further on (Cap. X, p. 372), he speaks of the " poch- 
tecatlailotlac " as the principals. Wo must infer irom this that there were a mimber of 
these leading traders, and not one chief of the *• caste." Tiiis evidence or rather indi- 
cation of a possible separate organization is not noticed by Torqttemada (Lib. XIV, 
cap. XXVII, p. 586), who simply speaks of the "old traders who remained at the 
pueblo." Clavigero (Lib. VII, cap. XXXVI II, pp. 526 and 527) merely mentions the 
older and the yoimger traders, but says nothing of a peculiar organization. It is 
singular, besides, that tliose authors or more properly chroniclers, in whose annals of 
Mexican warfare tlie Mexicjin traders play a very conspicuous part, make no mention 
at all of this peculiar caste-like organization which Sahagun seems to imply. Those 
authors are Durdn and Tezozomoc. (In this instance I need not resort to detailed quo- 
tations, since the references in their works are far too numerous). Furthermore, 
Zurita, who is very detailed in his " Rapport.''^ or rather as the full tiile has it '• Hreve 
y Sumaria lielacion de los SeTiores, y mane f as y diferencias qve hfibia de ellas en la Aueva 
Espana,''^ while enumerating carefully the diflerent kinds of chiefs and (»fficers, is ratlicr 
reticent about any such organization of the merchants. Compare for ini^tance, p. 
223, where he distinctly says that, they had a chief to treat with the " Lords and gov- 
ernors" in their name, and p. 240, where he incidentally mentions a ♦•chief of the 
merchants" only. Sahagun goes further yet, however, in stating (Lib. IX, cap. V, pp. 
356 and 357), that the merchants had their own jurisdiction over themselves, apart 
from that of the tribe or kin : ' y los senores mercaderes que regian 4 los otros, tenian 
por su jurisdicion y judicatoria, y si alguno de estos hacian algun delito, no los llevaban 
delante de los senadores ft que ellos los juzgasen; sino que estos mismos que eran 
senores de los otros mercaderes juzgaban las causas de todos por si ; si alguno incurria 
en pena de muerte ellos le seiitenciaban, y mataban 6 en la carcfel, 6 en su casa, ^ en 
otra parte segun que lo tenian de costumbre." This he distinctly applies to the 
♦' pochtecas" of Tlatilulco, and to the time when " wrathy chief" (Montezuma the last), 
was at the head of the Mexicans. Not content with this he relates (Cap. II. pp. 33i)-:U2), 
how the merchants of Tlatilulco alone conquered several trilies, subjecting them to 
tribute for the benefit of the Mexicans. In all these statements Father Sahagun stands 
quite alone, and, if not directly contradicted, he is, at least so unsupported as to make his 
reports rather doul>ti'ul so far as they concern the organization and power of these 
traders as a distinct class. The story has n suspiciously Tlatilulcan coloring. Com- 
pare note 58. It is interesting to note, in connection with this, that Sahagun derived 
the information, the which he laid down in his ''Historia general," almost exclusively 

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After this review of the question of stratification, so to say, 
among the ancient Mexicans, it ma}^ appear strange on our part 

from Tlntilulcan sources (" Piologo," pp. 4 and 5, Vol. I). This diminishes necessarily 
in this instance, the value of his otherwise very full and highly important testimony. 

The existen< e of such a body, powerful through wealth as well as through mental 
and intellectual faculties would, even as mucli as nobility, at once have destroyed the 
tribe as such, by breaking up the kins. The inconsistency of such a picture with the 
historical facts is glaring, and is shown even by the statements of modern writers. 
Comp.ure for instance, Mr. H. H. Bancroft's statement of the condition of Tlatilulco 
aller its capture by the Mexicans (Vol. V, p. 431), " heavy tributes were imposed, in- 
cluding many special taxes and menial duties of a humiliating nature" with his 
description of tlie state of its •' merchant princes" (Vol. JI, pp. 880 and 381). One fact 
is evident: if the traders formed occasionally, lor certain purposes, clusters of their 
oWn, they bclected their own leaders or directors and this was the cai?e Avith trading ex- 
peditious as well as with feasts. See on feasts: Sahagun, Lib. IX, cap. Ill to XIV 
inclusive, Lib. I, cap. XIX, pp. 29 to 3-2. Motolinia, Trat. I, cap. VIIL p. 47. Acoata, 
Lib. V, cap. XXIX, p. 389, etc. Torquenuula., Lib. VI, cap. XXVIII, pp. 57 and 68. Lib. 
XIV, cap. XXVI I, pp. 58B and 587. Clavigero, Lib. VI, cap. VII, p. 360. Lib. VII, cap. 
XXXVIII, p. .526, etc., and others. But as to any separate, permanent government 
of their own, this rests exclusively upon the authority of Sahagun, whereas it is amply 
proven, on the otiier hand, that any crime committed in trade or barter, was summarily 
disposed of by the I'egular officers of the km or tribe without regard to the traders or 
merchants. Wo shall furnish the evidence in regard to this point in another note. 

That the " pochtecas " occupied but one calpulli, that of Pochtlan, is also disproved, 
and even by Sahagun himself (Lib. I, cap. XIX, p. 31). ''En este calpulli donde se 
contaba el mercader." (Lib. IX, cap. Ill, p. 347) : ** respondiante los mercadercs prin- 
cipales de los barrios que son uno que i=e llama Pochtlan, otro Aoachtlan, y otro 
Allauhco como esta en laletra"). (Cap. Ill, p. 349) '♦couvidaban & solos los merca- 
deres de su ban io ; pues el que habia de ir por capitan de la compafiia de los que iban, 
no solamente convidaba ft los de su banio, sino tambien ft los que habian de ir con 61." 
Also by Zurita {'^Jiapport,'' etc., pp. 223 and 224). 

Lastly the question of wealth amassed in such quantities as to become an influen- 
tial power in the merchants' hands, is also summarily <li8poSed of by Sahagun. How- 
ever often he speaks of riches gathered by them, the loUowing quotations show how 
it must be understood : cLib. IX, cap. II, p. 338, Speech of one ol the traders) "Cuando 
lleguemos ft nuestro tierra, serd tiempo de usar los barbotes de ambar, y las oregerae 
que se llaman quetzalcoyolnacohtli, y los avcntaderos y ojeadores de nijscas, las man- 
tas ricas que hemos de traer, y los maxtles preciados, solo esto sera nuestra paga, y 
la senal de nuestra valeiitia," (p. 341) ** y que las otras presias que les di<S que arriba be 
dijeron, solo ellos las usaseu en las grandes fiestas . . . ." It thus appears that hoard- 
ing of any actual wealth was not to be expected. The lack of currency alone made it 
almoft impossible for want of space, and gold and silvel* being only used for orna- 
mental purposes and as a part of '* medicine," we should mistake in expecting any- 
thing like "treasures." Here, as anywhere else, the supply was regulated by the 
demand, and this demand was in turn created by the numbers of the population, and 
by the use made of the metal. Since the latter was used only in a few ways, this had 
its effect on the amount also. Another cause, which is not sufficiently estimated, is 
found in the fact thtit carriers had to be used for everything, including food. Now, 
even if thousands went along (of which there is hardly any proof), the load of each 
hardly exceeded sixty pounds: "y daban ft cado uno de estos que tenian alquiladof^, 
para que llcvasen acuestas la carga que tenian seiaalada, y de tal manera las compara- 
ban que no eran muy pesadas" (Cap. HI, p. 3.50, Lib. IX). Don Antonio de Mendoza 
{**Avis sur les prestations personiieiles et les Tamemes, \er Kecueil of Ternaux-Compans), 
Fays in 1550, "They niust not carry any loads heavier than two arrobas," or about Jilly 
pounds. Bartolomi de las Casas {*' Urevissima relacion de la destruydon de his Yn- 
diaSf** Venetia, 1643, Italian and Spanish, p. 101), complains of three to four arobas or 

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to concede, that nevertheless there were two very distinct classes 
within the area occupied by the tribe enjoying each a very dif- 
ferent quality of rigiits. Now equality of rights is the fun- 
damental principle of kinship ;7^ if therefore there was a body 
connected with the tribe whose rights and privileges were inferior, 
it follows that the members of this body must have stood outside 

seventy-five to one hundred pounds, as an excessive load. Clavigero (Lib. VII, cjip. 
XL, p. A29), sixty pounds. 

To conclude, I advert to the fact that the traders were held to tribute and especially 
to offerinj^s for worship, as strictly as any other members of the tribe. I merely refer 
to Herrera (Dec. Ill, Lib. IV, cap. XVII, p. 138), who embodies in a few words the 
statements of other writers. Motolinia (Trat. I. cap. IV, p. 7«), " No se desvclan en 
adquirir riquezas," and further on to p. 77; also (Trat. I, cap. IV, p. 31), *• otros trabsij;i 
ban y adquiriun dos 6 tres anos cunnto podian, para hacer una (lesta al demonic, y en 
ella no solo gastabau cuanto tenian, mas nun se adeudaban". The picture of the 
trading expedition is ni:<inly taken from Sahagun (Lib. IX, cap. II, III, IV) and Torque- 
mada (Lib. XIV, cap. XXVII). The reception only applies to cases of great impor- 
tance. But every departure of a merchant as well as his return was feasted by the 
traders of his ** barrios," sometimes with the concurrence of other barrios and of the 
chiefs and otU^^ers. 

That, in consequence of their deeds, the merchants and traders were treated with 
distinction and created chiefs, follows from Sahagun (Lib. I, cap. XIX, pp. 30 and 31), 
" para que luese honrado en el pueblo, y tenido per valiente : pouianle nn barbote de 
imbar, que es una piedra larga amarilla trasparente, que cuelga del be8<» bajo, ahuje- 
rado, en senal de que era valiente y era noble, y e!<to se tenia en mncho." But espe- 
cially (Lib. IX, cap. II, pp. 3:i»-"Ul), '♦ Estos mercaderes eran ya como cabal leros, y 
tenian divisas particulares por sus hazanas "). "/>c« Cirimonies observers autrefois par 
les Indiens lorsquHls faisaient un tecle'^ (Ternaux, ler Kecueil, pp. 233 and 234). The cus- 
tom of giving the rank of chief ("tecuhtli") to traders remained after the conquest 
when thechief became tr.ansformed into the Spanish hidalgo in consequence of a mis- 
conception of the former dignity. This is shown plainly by the arch-bishop. Fray 
Alonzo de Afontufar {"Supplique a CJiarles V en faieur des Maceuales, Mexico, 30 Nov. 
l^m, French transl:ition by Mr. Teinaux, Appendix to his ^*Cruautes horribles des Con- 
quirants du Mdxique" p. 257). It was done to evade ta.xation. 

The true position of the Mexican traders in their tribe and society is also stated 
idainly by Sahagun (Lib. I, cap. XIX, p. 30): "Son e&tos mercaderes sufridores de 
muchos trabMJos, y osndos para entrar en todas las tierras (aunque sean las de enemi- 
gos) y muy afttutos para tratar con los estranos, asi aprendiendo sus lenguas, como 
tratando con cllos con benevolencia para atraerlos asi con su familiaridad." (Lib. IX, 
cap. II, p. 339) ''pnes que aunque nos llimiamos mercaderes y lo pare«5emos, somos sol- 
dados que dibimuladamente andainos 4 conquistar." (Id., p. 341) "Los dichos merca- 
deres del Tlallelolco se llaman tambien capitanes y soldados disimulados en habito <le 
mercaderes que andaban por todas partem." (p. 342) •'Cuando quiera que el senor de 
Mexico queria enviar a lo.«» mercaderes, que eran capitanes y soldados dismiulados a 
alguna provincia para que la atalayasen." Zurita {"'Rapport,^* etc., p. 223) " Us jouis- 
saient de certains privileges, ]»arceqne leur profession ^tait utile a I'etat." This is 
textiially copied by Bustamante (" Tezcoco,'^ Parte Ilia, cap. V, p. 2.i2). They were fre- 
quently but otlicial spies and used as such, not only by the Mexicans, but against the 
Mexicans by foreign tribes. Mendieta (Lib. II, cap. XX VII, p. 130) copied by Torque, 
mada (Lib. XIV, cap. IL p. ft38). 

'» L. H. Morgan {'^Ancient Society," Part II, cap. II, p. S.*), In relation to Iroquois 
more particularly). Among the ancient Germans or Teutons, see Heinrich Luden 
(•• Geschichte des teutschen Volkes,** 1825, Vol. I,Jiib. HI, cap. V, on the *^ Gau," pp. 
492 and 493). 

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of any connection by kin. This presupposes a class of outcasts 
from the bond of kinship, 

Tliere is no evidence of the formation of such a cluster prior 
to the permanent settlement of the tribe. Neither can we trace 
its gradual increase from a given time. But a glance at some of 
the rules of kinship, and at the practical working of these rules 
finally crystallizing into an equivalent for laws, will enable us to 
discern its origin. 

The relation of sexes being at the bottom of society based 
upon kin, it follows that sexual intercourse gradually assumed a 
regulated shape, proportionate to the progress in institutions. 
The ancient Mexicans had, as we have already established, ad- 
vanced into descent in the male line, and had secured a nascent 
state of the modern family. Marriage was well known to them 
as a rule. But so powerful was the influence exercised by the kin, 
as unit of public life that, once the ritual union of a couple ac- 
knowledged as a necessity for future joint life, it exacted of its 
male members the obligation to marry for the purpose of propa- 
gating and increasing the kin. Only such as were naturally help- 
less, and such as in view of '' medicine" made vows of permanent 
chastity, were excused. Any other youth therefore, who refused 
to take a wife at the proper age, was treated with contempt and 
consequently expelled from the kin.^® 

Woman, among the aboriginal Mexicans, was in a singular 
predicament. Through the establishment of descent in the male 
line she lost her hold on public life, (which she latterly regained 
through the establishment of the faniil}^ proper) and thus remained 
little else than a chattel in the power of man. Still, the ritual act 
of marriage being once adopted, the same obligation to marry, 
which we have already found incumbent upon the male, also 
devolved upon the female, and any girl therefore, who did not 
'* take vows" for ''medicine," or who was physically not mis- 

^Clavigero (Lib. VII, cap. V, p. 461). Zurita C' Rapport, etc.," pp 13.3 and 134) 
" s'ils ne voulaient pas prendre des I'emmes, on les cong^diait." Mendieta (Lib. II, 
cap. XXIV, p. 125), *'Llegado8 k la edad de casarse, .... Si pasando la edad se 
descnidaban, y veian que no se querian casar. tresqiiilabanlos, y despedianlos de la 
compania de los raancebos." This meant exclusion from the kin since, as soon as they 
were married, " they were classified, since, according to their custom, they Avere 
divided into sections each of which had a chief or captain, as well for the collection of 
taxes as for other reasons." These "chiefs or captains" were tliose of the calpulli. 
Zurita, (p. 135), also Bustamante, ('' Tezcoco,''* Part III, cap. Ill, p. 213), '*Cuando se 

casaban los empadronaban " Torquemada (Lib. IX, cap. XII, p. 186, almost a 

copy of Mendieta). 

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shapen, if she did not join a husband at the proper age, was 
also regarded as a reprobate.®^ 

To these two kinds of outcasts others should be added. It is 
a known fact that, if any member of a calpulli failed to cultivate 
his garden lot for two years, or if he failed to have it cultivated 
under his name, then he lost every and all rights thereto. This 
implied expulsion from the calpulli, consequently again, expulsion 
from the bond of kinship. Any one who removed from tiie quar- 
ter or calpulli to which he belonged, lost his rights theieby ; in 
other words he became an outcast.®^ 

The lot of such people, thrust, as they were, outside of the 
pale of regular society, was an unenviable one. Removal to 
foreign tribes was not only dangerous, but even impracticable 
in the earlier times, when the class came into existence. Still 
they had to live. Therefore the males bargained their services 
to such members of the kins, as could afford to nourish them in 
return for manual labor. **3 No other remuneration but subsistence 
could be thought of. For the sake of subsistence therefore the 
outcast became, what the majority of authorities have called a 

Fray Juan de Torqueniada writes as follows ; — "The manner, in 
which these Indians made slaves, was very different from that of 
the nations of Europe and other parts of the world. It was very 
difficult at the outset of their conversion to understand it properly, 
but to make it clear (especially as the customs of Mexico, and 
Tetzcuco had it, since other Provinces not subject to these king- 

^* Anonymoun Conqueror (Vol. I, Col. de Doc, p. 397) " & gente che stinia meiio 
le tloiine <li (]nanti nation! sono h1 mondo, perchi non gli comunicheieble mai i latti loro, 
anchora che conosciise che il faiio gli potesse raelter conto." Oviedo (Lib. XXXIIf, 
cap. LI, p. 5:i6). See Torquemada (Lib. XII, cap. IIL p. SGG), on *' mancebas " in general 
in regard to women who refused to many, though living a dissolute life. Also Sahagvn 
(Lib. X. cap. XV, p. :J7); Zurita (p. 120). If a girl abandoned her house, she might 
finally be disposed of as a slave, or be abandoned ("on les abandonnait"). 

^"^ Zurita ^p. 5n). '♦ Le propri^taire qui ne cultivait i)a8 pendant deux anndes, par sa 
faute ou par negligence, sans juste cause, .... etait averti de les cultiver; et s'il ne 
le fainait pas. I'annee d*ensuite on les donnait ft iin autre '* (Id. p. 54.) " Si, par hazard, 
le menibre d'un calpulli le quittait pour aller demeurer dans un autre, on lui retirait les 

terres qui lui avaient hi^ assignc^es Adopted also by Herrera (Dec. Ill, lib. IV, 

cap. XV, p. l;i5). Compare '* Tenure of Lands " (p 42G). 

*3 Gomnra (" ConqnUta*' Vedia I, p. 441). "Los lionibres necesitados y harnganes 
se vendian. . . .'* Corttx ('* Carta Segunda," Vedia I, p. 34). '* Hay en todos los 
mercados y lugares piiblicos^ de la dicha ciudad, todos los dias, muchas personas 
trabajadores y maei«tros de todos oficios, esperando quien losalquile porsus jornales." 
Torquemada (Lib. XIV, cap. XVI, i)p. 5(i4 and 5U5; and Cap. XVII, pp. 5Gj and 5HG). 
Clavigero (Lib. VII, cap. XVIII, p. 480). 

Kkpokt Pkabody Museum, II. 39 

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doms, had other ways to make slaves) we say : that many condi- 
tions were lacking, to create them actual slaves. For of these 
slaves of this New-Spain, some had means, might own and pos- 
sess them of their own, and they could not be sold again except 
nnder the conditions mentioned hereafter. The service rendered 
to their master was limited, not for always, nor ordinary.* Some, 
upon marrying, became released, their relatives or brothers taking 
their place. There were also skilful slaves who, besides serving 
their masters, still kept house, with wife and children, purchasing 
and holding slaves themselves. The children of slaves were born 

^he Mexican term for slave was, literally a "purchased man" 
(*'tlacotli.") He was in fact but a ''bondsman." Through a 
special contract, made before authorized witnesses, his services, 
the proceeds of his labor, and not his person^ became pledged to 
another. The member of a kin had no direct ownership in him 
whom he employed, he could not sell him again without that 
employer's consent, nor could he take his life in punishment 
of crime. If the latter broke his contract through repeated 
evasion he might finally be ''collared," that is, his neck was 
enclosed in a wooden yoke, by means of which he was fast- 
ened to a wall at night. If the man still contrived to escape, 
then he was turned over to worship and sacrificed ; but in case he 
succeeded in secreting himself in the ofllcial house without being 
intercepted by his master or one of that master's people, then he 
was spared, and even liberated from his bonds.^^ In addition to 
the supply furnished to the class of outcasts in the manner 
above indicated, there were accessions to it from outside. Fugi- 
tives were of rare occurrence, since such, if from a tribe against 
which war was waged, were regarded as precious^ additions, too 
important to be ranged among the outcasts.®^ But we have 
several instances, in the ancient history of Mexico, of destructive 
drouths as well as of disastrous inundations, depriving the inhabi- 

" " Jdbnarchia Indiana " (Lib. XIV, cap. XVI, p. 664). 

t**! have gathered these details mostly from Torquemada (Vol. II, pp. 664-566). 
Compare besides others, Fetancurt (Vol. I, pp. 483, 484, and 486) and nearly all modern 

8« Mendieta (Lib. II, cap. XXVI. p. 130) : " Y si de la parte contraria salia alguno ft 
descubrir y dar aviso cdmo su senor 6 su gente venian sobre ellos, al tal dabanle man- 
tas y pagllbanle bien.** Copied by Torquemada (Lib. XIV, cap. II, p. 538), and Vetan- 
curt (Parte II, Trat. II, cap. Ill, p. 884). 


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tants of the valley of their annual crops. In order to escape 
threatened famine, fathers bartered their services and those of their 
children for food, to such tribes as possessed sufficient stores.^^i 
If the consequence of expulsion from the bond of kinship or 
of voluntary abandonment of the rights as members^ were, far. 
the male, a degradation to work for others, it was altogether 
different for the female. The position of women was, «s w« 
have already intimated, little better than that of a costly 
animal, and protection was awarded them only in so far as 
they represented a part of their husbands' property. This the 
kin itself was obligated to defend and protect. The wife, how- 
ever, had no other right than that. She oonld not complain if her 
lord and master increased his ^' family-stock " by the addition of 
one or more concubines, nor if he strayed about to satisfy his 
desires with other females. Such acts wei««even subservient to 
the kins' interest, since they led to an increase of numbers* 
i But the women themselves who gave their persons away for such 
purposes could only belong to the class of outcasts; for illicit 
intercourse with wives and daughters of the kins was, as we shall 
hereafter see, severely punished. Through the formation of the 
class of outcasts, or at least along with it, prostitution became 
tolerated among ' the ancient Mexicans, while polygamy in 
the shape of concubinage was introduced as a legitimate custom.^ 

>7 Besides the famines recorded since the conquest, the older authors and sources in 
general notice several (at lea^t two) previous to 1620. It is not to our purpose to 
discuss their dates. They are given with the usual variation and disconlance. Thus 
for instance, the •* Codex TeUeriano Remenais " <King6borough, Vol. I, plate VII, and 
Vol. VI, p. 136) mentions one in 1404 (1 Tochtli), which is evidently incorrect, since 1 
Tochtli would be 1402. The Ce-Tochtli thus mentioned, Is 1451, In that year, Durdn 
(Cap. XXX, p. 245; places the beginning of the great drouth which, after three yoars 
duration, so completely exhausted the Mexican stores and supplies that '^wrathy 
chief" the older, ("Huehue Motecuzuma") told the people "que cada uno vaya 4 
buscar su remedio " (p. 247). In consequence of it, it is reported that many people 
*' sold their sons and daughters to the merchants and principals (senores) of the tribes 
that had wherewith to give them to eat, and they gave for a baby (or boy rather, 
" nino^') a small basket of corn (maiz) to the father or mother, obligating themselves 
to sustain the child as long as the famine might last, for that if afterwards the father 
or mother might wish to redeem it, they should be obligated to pay these aliments.'' 
This is, as usual, also stated by Tezozomoc (Cap. XL, p. 64), though with less details. 
Torquemada (Lib. II, cap. LXXIII, p. 203) reports the same, but placmg it fifty yeai's 
later, under the last '♦ wrathy chief" (Cap. CX, p. 235) in 1506, A. D. Sahagun (Lib. VIII, 
cap I, p. 269), agrees with Dur&n and Tezozomoc, so does Clavigero (Lib. IV, cap. XII, 
p. 263) : " Many sold themselves for food." This date is also 1451-1454. It is singular 
that Torquemada {Lib. II. cap. XL VII, p. 158) also relates the famine under the older 
" wrathy chief,'' and his words are almost textually copied by Clavigero. 

B8 The possession of more than one woman, or rather the enjoyment of more than 

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We thus witness,' among the* ahoient Mexioans and beneath 
the kins cohaposing the tribe, a lower claBS of society, a floating 

one, was a mere matter of subsistence. As already remarked by Peter Martyr (Dec. 
y^ cap. X, p. 232} : " He ftirtber saitb, that the common soil; of people content them* 
flelves with one wifo; \iVLi that- every Priaoe -mAy mainteyne havlotteat.bistpJeaaiire.^ 
Ootnara (" ConquUta^ etc.," Vedia I, p. 438) : " Ciiatro causas dan para tener tantav 
mujeres: la primera es el vicio de la came, en que mucho se deleitan; Is segunda es 
por tener nrachos bijos ; la tercera por reputaoion y aepvielo ; la cuarta ee por graoj^ria; 
J esta postrer^ usan mas que otroS) los hombi'es de guerra, los de palacio, los b^olga- 
zanes y tahures; bacenlas trabajnr como esclavas, etc." The same author adds: 
**Annqne. toman mucbas mugeres^ i nnas tienen per l^gitimas, H otras poiramigas, y 
k otras por mancebas. Amiga Human ft la que despues de casados demandaban, y 
manceba & la que ellos se tomaban." According to this statement, a husband could 
entertain three classes of women : one legitimate wife, concubines which he obtained 
with permission of their parents and prostitutes or mistresses. Varietas deUctati 
Torquemada, however (Lib. XII, cap. Ill, p. 376), says: "Otra especie de mancebas 
haVia, y se permitia, que era la que los Senores principales, 6 las tomaban ellos, 6 las 
pedian despuesi de i& casados, con la Seiiora, y muger legitima, que llaniaban cihua- 
pilli." This reduces the " stock " to two kinds, at least. Motolinia (Trat. II, cap. VII, 
pp. 124-128) mentions polygamy as a rule, and describes the infinite trouble of the 
priests to find out the legitimate wife^ assuming it to be ^' aquella con quien estando en 
su gentilidad primero habian contraido matrimonio'' (p. 127). According to hhn the 
first legitimate mairiage took place 14 Ociober, 1526 (p. 124), but nevertheless for three 
or four years afterwards : ^* no se velaban, . . sino que todos se estaban con las mnjeres 
que querian, y habia algunos que teiiian hasta doscientas mujeres, y de alH ab^o cada 
uno tenia las que queria" (p. 125); In defence of this state of polygamy the Indians 
alleged "tambien las tenian par manera de granj^ria, porqne las hacian k todos tejer y 
hacer mantas y otros oflcios de esta manera" (p. 125). Mendieta (Lib. Ill, cap. XLVU 
and XL VIII, pp. 300-306) is very explicit on the same question. He asserts that the 
early missionaries found : '* Por otra parte se hallaba que el comun de la gente vulgar 

y pobre no tenian ni habian tomado sino sola una mujer sino que los senores y 

principales, como poderosos, excederian los limites del uso matrimonial, tomando des- 
pues otras, las que'se les antojaba" (p. 301). The final result of these troublesome 
disputes and investigations is expressed as follows (p. SOU) : ''y que sabiendose cual 
era la primera mujer, era cierta cosa ser aquella la legitima, y viviendo aquella, otrt 
cualquiera habia de ser manceba." The qut stion is as to whether a daughter of any 
member of the kin could ever lawfully become a concubine, or whether this was only the 
case with female outcasts ? The stories about '* Handful of Reeds," who, his first wife 
being sterile, was subsequently married to a number of daughters of chieftains (see 
Durdn, Cap. VI, pp. 48 and 49, Torquemada. Lib. II, cap. XIII, p. 96, VetavuMrt, Parte 
ir, Trat. I, cap. XI, p. 270, Clavigero^ Lib. Ill, cap. Ill, p. 194) is iminifestly untinie. 
The object of these subsequent marriages is given as in order to obtain heirs to the 
throne. Now it is well known that there was no '* succession," but only an '* election," 
consequently there was no such object as the one claimed. The chief certainly had 
concubines, but there is no evidence to show that he obtained them from the kins. 
Again we are treated to long descriptions of the dazzling polygamy of the chiefs of 
Tezcuco. For instance, IxtlUxochitl ('"Hist, dee Chichimequest*^ Cap. XLIII, pp. 305 and 
306) relates of " Fasting wolf " " nezahualcoyotl," from •• nezaualitztli,"* •* ayunOj" etc., 
(Jl/oWna, II, 64), and *'coyotl" how he had a number of concubines previous to his 
inai'k-iage with an Indian girl of Coatlichan. Further on he relates the well known 
"Uriah and Bathshfeba" stoiy (pp. 509-313), attributed to the same chief, and Which 
has been so often recopied. His successor in office, "Fastmg boy " (Nezamialpilli," 
compare the picture of this name in Durdriy Lam. 23 and 24, Trat. lo), is reported by 
him to have had 2000 concubines, *' But, besides the queen, he had intercourse with 
forty ** (Cap. LVII, p. 35 of 2d Vol.). His maiTiage with that only legitimate spouse is 
described (Cap. LXIV, p. 66, Vol. II). He is, of course, supported by Torquemada 

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population of *' hangers-on to the tribe." This class was yet not 
very numerous ; still it grew slowly and steadily. Prohibited from 
can-ying arms, and therefore from taking ^ny part in warfare other 
than that of carriers and, perhaps, runners, the heavy drudgery of 
work was at their charge.®^ Even the tillage of lots appears to 
have been frequently assigned to them, and it may be that what is 
commonly termed the class of '' macehuales " consisted of the 
outcasts who improved ''tlalmilpa" for the benefit of members 
of the kin.^® Besides, it is distinctly implied, if not stated, 

(Lib. II, cap. XLV, pp. 154-156; cap. LXII, p. 184; Lib. Xiri, cap. XII, p. 4.36). H, H. 
Bancroft (Vol. II, p. 265) admits two classes of concubines for married people, one of 
which he calls ** the less legitimate wives.^ Among other authorities, he adduces in evi« 
dence Oviedo (Lib. XXXIII, cap. I, p. 260) : '< Tenia csto Olintech treynta mngeres dentro 
de 8u casa, con quien el dormia, ft las quales Servian mas de ciento otras.^ The same 
statement is also found in Gomara {'^Conquistaj*' etc., Vedia I. p. 326) and others. (The 
name Tor the mistress (^^manceba") of a married man is **■ teichtacamecauh " (Molinat 
I, p. 81), which means literally •• thy secret tie," from "Tohuatl"— "thou, "ichtaca"— 
secretly (II, p. 32), and "mecatP— rope or cord (II, 66). See in a fVii'ther note. 

The most signiflcant statements, however, are those already reported, of Motolinia 
and of Gromara, that the Indians explained their polygamy by the fact that they kept 
these women for their work. In other words, they were purchased hands. This is indi- 
cated by the following authorities: Gomara ("Con^i«to,'' etc., Vedia I, p. 441), *<Las 
malas mujeres de su cnerpo, que lo daban de balde si no las querian pagar, se vendian 
par esclavas por traerse bien, 6 cuando ninguno las querla, por viejas 6 feas 6 enfermas; 
que nadie pide por las puertas." Torquemada (Lib. XIV, cap. XVI, p. 663) : •* Havia 
tambien mugeres, que se daban ft vlvir suelta, y libertadamente; y para pi'oseguir este 
mal Estado, que tomaban, tenian uecesidad de vestir curiosa, y galanamente, y por la 
necesidad, que pasaban, porque no trabajaban .... Uegaban k necesitarse mucho, y 
hacianse Esclavas ; " and tlie same authority adds (Cap. XVII, p. 666) : " y muchas voces 
los Amos se casaban, con Esclavas suias," without any closer definition however. 
Finally, the Andnimo says (p. 397) : " Nelle nozze di questa patrona principale fanno 
alcune cirimonie, il che non si osserva nelle nozze deir altre." 

There is no evidence that a married man could increase the number of his women 
even with the consent of the parents, in otiier words, marry a girl. But if the latter 
had, through her own lewd conduct, . become abandoned and cast off, then he could 
associate with her as his mistress without regard to his wife proper. Also he might 
pui'chase (or rather barter for) a female and afterwards make a concubine of her, 
even if she was of a foreign tribe. Prisoners of war (females) may occasionally have 
been spared also, but this suggestion rests on very slight evidence (compare ^* And- 
nimo," p. 373), and may apply only to prisoners of war purchased from other tril>es 
{Sahagunj Lib. I, cap. XIX, p. 32). 

•» They wer6 the " tamenes," carriers. The Mexican word is " tlamama," ft*om 
<'tlacatr'~man, and '^nitlamama"— to cany a load {Molina, II, p. 61). Don Antonio de 
Mendoza ^*^Av%8 »ur lea Prestations persontUes,** etc., p. 368, Ternaux, Recueil). Zurita 
(pp. 260, 251, and 280) *'Lettre des auditeurs Salmeron, Maldonadoy Ceynos et Quiroga a 
PImperatricey (Mexico, 30 March, 1631, in 2d Recueil, etc., pp. 143 and 144) : " Les Indi- 
ens out de tout temps port^ des fadeaux, ils y sent accontum^s . . , ** 

•oThis is a mere suggestion. The majority of descriptions, however, are such that 
the " mazehual " may have been, and probably was, a member of the kin. Still, in such 
cases, when that member could not improve his lots himself, families of " bondsmen'' 
may have done the work for him, and thus become included in the general picture. 
Quotations are supei-fluous, since the information is not, as yet, positive enough. 

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that for actions of merit such people might be re-adopted, and 
thus restored to their original rights. The anonymous conqueror 
asserts that the performer of any valorous deed was highly 
rewarded and made a chieftain, ''even if he was the vilest 
slave." ^^ But without such formal re-adoption, no outcast could 
emerge from his inferior and unprotected condition. The over- 
whelming majority of Mexico's aboriginal people, however, con- 
sisted of members of the twenty kins shown to have composed 
the tribe. These all enjoyed equal rights ; consequently all had 
the same duty. Both right and obligation were governed by 
the organization of kinship. While it is impossible for us to 
follow here strictly the order of enumeration of these rights and 
obligations, established in the admirable researches of Mr. Morgan, 
we still can distinctly trace all of them in ancient Mexican 
society, operating with more or less unimpaired vitality. 

The Mn claimed the right to name its members,^^ A family name 
was unknown to the ancient Mexicans,^^ and thus our assertion 
that the modern family was not yet established among them, 
acquires further support. Within a few days after the child's 
birth, its mother in presence of all the neighbors (consequently 
of the "calpulli" or kin) gave the child a name through the 
medium of the women assisting her delivery. This name, gener- 
ally taken from that of the day of birth, had a superstitious 
bearing, and was to accompany the child during the period of 
its utter helplessness.®^ A second "naming" took place several 

*^^*Eelatione di alcune Coae deUa Nuova Spagna** (Col. de Doc, I, p. 371). Torqu&- 
mada (Lib. XIV, cap. XVII, p. 5H6) : **y Esclavos bavia que regian, y mandaban la casa 
de 8U Senor, como hacen los Maiordomos.^' 

•a Morgan {"^Ancient Society ^^^ pp. 71 and 78). 

** Motolinia (Trat. I, cap. V, p. 37): **Todo8 los Niiios caando nacian toraaban 
nombre del dia en que nacian.'' Torquemeuia (Lib. XIII, cap. XXII, pp. 454 and 455). 
The family name was inti'oduced by the Spaniards, who gave other names at the time 
of baptism. 

•*Afotolinia (Trat. I, cap. V, p. 37). Sahagun (Lib. IV, cap. I, pp. 283 and 284, in gen- 
eral the entire fourth Book, which gives a veiy full idea of all the superstitions con- 
nected with birthdays; more especially Cap. XXXV and XXXVI and Lib. VI, cap. 
XXXVII, pp. 217-221). All the children of the quarter were invited to the festival : "En 
este tiempo que cstas cosas se hacian, juntabanse los mosuelos de todo nquel barrio, y 
acabadas todas estas ceremonias, entran en la casa del y toman la comida que alii les 

tenian aparejada " The naming took place in presence of '' todos los pari- 

entas y parientos del nino, viejos y viejas " (p. 218). Mendieta (Lib. II, cap. XIX, p. 
107) : '* Estos nombres tomaban de los idolos 6 de las Hestas queen aquellas signos caian, 
y & veces de aves y animales y de otras cosas insensatas, como se «es antojaba." (Lib. 
XIII, cap. XXXV, p. 267). Torquemada (Lib. XIII, cap. XX, p. 450 : " Luego hacian con- 
▼ocacion de todos los Deudos, y Pai-ientes, de los Padres, y de todos los Amigos, y 

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months later, which was performed bj Idie medioine-mAir of the 
kin^s Both <^ these names were preserved, but if the full-grown 
man ever performed some action of merit in the service of the 
whole tribe, then the tribe bestowed upon him a third name as 
an honorable title attached to his person in reward tor his deeds.'^ 
- It was the duty of the kin to adueate or train its members to every 
branch of public life. For all public purposes, man only mui^ be 
taken into accounts This appears obvious from what was said 
already conceming the position of women in general. Now eadi 
calpulli, or localized kin, among the ancient Mexicans had, as 
we have shown in *'Art of War,"^*' its ♦'House of the Youth" 
Ctelpuch'Calli ") joined to its " medicinerlodge" or temple. Thither 
the boys were brought at an early age, to. be instructed in what* 
ever was needed for after-life. In order to train their bodies they 
were held to manual labor, and to the ordinary duties of worship < 
The use of weapons was made a prominent object of teaching ; 
BO was the dance and song, the latter coupled with ordinary 
Indian rhetorics.^ These houses of education were under the 

Yecinofly que para eeke acto se jimtavan . . . y entonces 1e ponuw el norabre.'* Also 
(Cap. XXII, p. 456; cap. XXIII, p. id6) : " De la misma manera, que quando alguna de 
estas Indias paria, se usaba juntarse toda la Parentela, y las vecinas, y amigas, .... 
Be esta misma manera lo aoostumbraban haeer para el flngido Bantismo.'' Oomarm 
(*^ Conquista^^* Vedia I, p. 438) : " En este lavatorio les ponian nombre, no como querian, 
slno el del mismo dia en que nacieron.' Vetancurt (Parte II, Trat. Ill, cap. VIII, p. 

MThis is stated by Oomara (Vedia I, p. 438) : " y dende ft tres meses, que son de los 
nuestros dos, los Uevaban al templo, donde un sacerdote que tenia la cuenta y ciencia 
del calendario y signos, les daba otro sobrenombre, haciendo muchas ceremonias, y 
declaraba las graeias y Tirtudes del idolo cnyo nombre les ponia, pronostic&ndoles bue- 
■OS hados." Motolinia (Trat. I, cap. V, p. 37) : '^ Despues desde 4 tres mcses presenta- 
ban aqnella criatura en el templo del demonio, y dabanle su nombre, no dejando el que 
tenia, y tambien entonces comian de regocijo, ..." 

•• Gomara (Vedia, p. 438). MotoHnia (Trat. I, cap. V, p. 87). Torquemada (Lib. Xin, 
cap. XXII, p. 466). Ciaviffero (Lib. VI, cap. XXX VII, pp. 487, 488). Durdn <Cap. XI, pp. 
96, 97, and 98). 

»' '*Art of War," p. 101. Relying on Humboldt, I assumed fifteen years to be the 
age wlien military instrnctioB began, but the general instruction began much sooner. 
See note 98. 

''9i Gomara (Vedia, p. 4.38). Sahagun (Lib. Ill, cap. IV, cap. V, p. 268) : ** Habiendo 
«ntrado en la casa del Telpuchcali el nino, dabanle cargo de barrer, limpiar la casa, 
poner lumbre, y hacer los servicios de penitencia k que se obligaba. Bra oostumbre 
que 4 la puesta del sol, todos los maneebos than i bailar, y dansar k la casa que so 
Ilamaba Guicacalco cada noche, y el mnohacho tambien bailaba con los otroa manee- 
bos; llegando ft los quince anos, y siendo ya mancebillo, llevibanle consigo los mance* 
bosmayores al monte ft traer la lena, que era necesaria para la casa del Telpuchcali. y 
•Guicacalco, y cargabknle las rodelas para que las llevase acuestas; " (p.269) : *'La vida 
que tenian era muy aspera ..." (Cap. VI, pp. 270 and 271 ; liib. VI, cap. XXXIX, p. 
824), and other inekiental notices. JfencUeta (Lib« U, cap. XXIV, pp. 124, 126). Torque' 

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fipecial direction of experienced, men, called therefore " Speakers 
of the Youth" ("telpuchtlatoca") and "elder brothers" ("teach- 
cauhtin,") in another capacity. They had not only to provide 
for the physical tiaining of their pupils, but also for their intel- 
lectual development^ as far as the state of knowledge permitted.^^ 
Such places of training were called also " the place where I 
grow" ("nezcaltiloyan"), or "the place where I learn" ("nem- ^^ 
achtiloj'an.")^®® It is not true that the youth were constrained 
to a pei'manent, almost monastic residence in such houses ; but 
while there they improved in common certain special plots of land, 
in all likelihood the so-called " temple-tracts," out of which the 
daily wants of worship were supplied. ^^^ In connection with this 
mode of education, we have to consider here an objection which 
cannot fail to be raised against our views. 

It is frequently given out as a fact, that besides the " Houses 
of the Youth " mentioned, there was a special place of education 
for the children of ^^ noblemen'^ and this is adduced as a proof of 

mado (Lib. IX, cap. XU, pp. 185 and 186; Lib. XIII, cap. XXVIII, XXIX and XXX) 
and others. 

w««^r< of War'' (pp. 101, 119 and 120). Mendieta (Lib. II, cap. XXIV, pp. 124 and 
125) : " Los otros se criaban conio en.capitanias, porque en cada barriO|l»abia un capitan 
de ellos, llamado telpuchtlato, que quiere decir, guarda 6 capitan de los mancebos." 
Torquemada (Lib. IX, cap. XII, p. 185) : "y tenian un Rector, que los regia, y governaba, 
que se llamaba Telpochtlato, que quiere decir, Guarda, 6 Caudillo de los Mancebos, el 
qual Telpochtlato tenia gran cuidado de doctrinarlos. y ensenarles, en buenas costum- 
bres." Sdhagun (Lib. Ill, cap. V, p. 269): "y si era ya hombre valiente y diestro, 
elegianle para regir & todos los mancebos, y para castigarlos, y entonces se llamba Tel- 
puchtlato." (Lib. VIII, cap. XIII, p. 301) : "Tambien daban de comer ft los que criaban 
los mancebos que se Uaman telpuchtlatos, . . ," (Cap. XVII, p. 305) : "en este lugar se 
juutaban los maestros de los mancebos que se Uamaban tiachcaoan, y telpuchtlato- 
ques . . .>» (Also Cap. XXXVIII, p. 331). Vetancurt (Part II, Trat. Ill, cap. VI, p. 451) : 
'' y- un rector que llamabnn Telpochtlato, el que habla y gobierna ft los mancebos." 
Codex Mendoza (Vol. I of Kingsborough plates G2 and 63). 

Sahagun usually calls the '' achcauhtli," "alguaziles," or executors of justice. But 
above we see that he calls the "tiachcaoan," also "masters of the youth." Both names 
are corruptions of "teachcauhtlin." Tezozomoc (Cap. XXXVIII, p. 60) calls the "Ach- 
cacauhtin, mayorales de armas y de doctrina y de ejemplo." (Cap. LVII, p. 95) : "Tras 
ellos vinieron los que Uaman Achcauhtin, senores de los varrios, y maestros de mance- 
bos." (Cap. LXXI, p. 121): "mayorales y ministros, y los hicieron juntar como escu- 
elas en cada un van'io que llamaban telpochcalli." (Cap. LXXXVIII, p. 134): "Los 
mancebos iban cada dia a los varrios al egercicio de las armas ft la escuela de ai-mas 
telpochcalco, adonde los ensenaban con valerosos aninios, y las maneras de corabatir." 
Finally Clavigero (Lib. VII, cap. II, p. 452) refers also to the 53d picture of the Mendoza 
Codex, representing a boy of fifteen years, who is turned over to an " achcauhtli, or 
officer," to be instructed in the art of war. 

^'^ Molina ( Vocabtdaria II, pp. 66 and 72). P. Ignado de Paredes C^Doctrina Breve 
sacada del Catecismo Mexicano," Reprint of 1809). 

^^^ Sahagun (Lib. Ill, cap. V, p. 269) says that, whereas they slept at home, that is, at 
the " house of youth," they ate with their families (" annque comian en sus casas pro« 

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the existence of a privileged class of nobles.i®^ Besides the 
other evidence which we have mentioned, as against the existence 
of nobility in ancient Mexico, we shall state here that the place 
called "calmecac" which is the name given to that supposed 
" school for the nobles," was in reality something quite different. 
Fray Bernardino Sahagun, in his description of the central 
medicine-lodge or great temple of the Mexican tribe, says that 
in the house called calmecac those who devoted themselves to 
" medicine," or to the priesthood were trained for that office and 
lived in said house along with the medicine-men themselves.^^^ 
There were several buildings or rooms bearing that name, all 
within the square occupied by what is commonly termed "the 
great temple of Mexico," and these were the places where the 
medicine-men and whoever was attached to them and to their 
offices, actually dwelt. ^^^ Consequently these places were also 

pias"). Zurita (pp. 131-133) asserts that "certain fixed days, the children of land- 
tillers had permission to share their father's labor." That the " temple tracts ** were 
probably identical with those worked by the young men is made evident by Sahagun 
(Cap. V, Lib. Ill, p. 269; cap. VJII, p. 275). ZuHta (p. 131) : " lis ^taient obliges de tra- 
yailler aux terres affect^es & ces ^tablisseraents." Torquemada (Lib. IX, cap. XIL p. 
185) : "Tenian sus Tierras, y Heredados para su sustento (que debian de ser de las dedi- 
cadas al uso. y gasto de los Templos) en ellas sembraban, y cogian Pan para su sus- 
tento." MendUta (Lib. II, cap. XXIV, pp. 124 and 125). Gomara (Vedia, p. 438). The 
latter is very plain, connecting all the **school8" and their lands with the temples. 

w2JJ.^.^ancro/X (Vol. II, pp.243 and 244). Nearly all the older writers call it a 
higher school, but I shall hereafter discuss their statements. See also Prescott ("Afea;- 
<co," Book I, ch. Ill, p. 69). 

los "Historia general de las Cosas de Nueva Espanaf** (Lib. Ill, cap. VII, p. 271) : " Los 
senores, 6 principales, 6 ancianos, ofrecian & sus hijos i la casa que se Uamaba Calme- 
cac, era su intencion que alii se criasen para que fuesen ministros de los idolos." Id., 
(Cap. IV, p. 266) : *'y lo ofrecian a la casa de los idolos que se llama Calmecac, para que 
fuese ministro de ellos, viniendo 4 edad perfecta." But especially (Lib. VI, cap. XXXIX, 
p. 223) : *'■ si le prometian 9, la casa Calmecac, era para que hiciese penitencia, sirviese k 
los dioses, viviese en Itmpieza, en humildad y castidad, y para que del todo ee guar- 
dase de los vicios caraales." 

104 xhe description furnished by Sahagun (Lib. VI, Appendix, " Relacion de los Edi- 
flcios del gran Templo de Mexico," pp. 197 to 211) mentions seventy-eight parts or edi- 
fices, among which were the following, with the name "Calmecac:" 

The 12th edifice ^'Tlilancalmecac," a shrine to the goddess Civocoatl and inhabited 
by three priests, medicine-men (p. 201). 

13th edifice " Mexicocalmecac," called by him '' a monastery wherein the priests 
dwelt who served daily in the Cu of Tlaloc" (p. 201). 

24th edifice, "Vitznaoac Calmecac." inhabited by the priests of the idol Vitznaoac, 
(p. 203). 

27th edifice, '-Tetlanmancalmecac," where the priests of the temple dedicated to the 
goddess Chantico lived, as in a *' monastery," (p. 203). 

35th edifice. "Tlaniatzinco Calmecac," "a monastery," inhabited by the priests of 
the god Tlamatzincatl, (p. 201). 

54th edifice, " Yopico Calmecac, " monasterio ^^ oratorio," (p. 207). 

61st edifice, " Tzommolco-calmecac," ** a monastery where dwelt priests of the god 
Xiuhtecutli," (p. 207). 

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the abodes of such men as underwent the severe trials preliminary 
to their investiture with the rank of chief (" tecuhtli.") The 
word "calmecac" is often interpreted as *'dark house" but its 
etymology is probably quite different. In no case, however, was 
that building a school for a " privileged class of children. ^^^ 

The kin had the right to regulate and to control marriage.^^ We 
have seen that the obligation to marry rested upon every member 
of a "calpulli." Where tribal society is still in its pure and 
original condition marriage in the same kin is absolutely prohib- 
ited. The matrimonial customs of the ancient Mexicans were 
closely scrutinized by the Catholic church, and a rigid investigation 
by the early missionaries has proven that not only was marriage 
between close relations strictly prohibited, but it was also discour- 
aged (if not forbidden) between members of the same kin.^®*' Mr. 

In all, seven "calmeca" within the enclosure surrounding the gi'eat "house of god" 
of MexicO'Tenuchtitlan. Torquemada (Lib. VIII, cap. XI to XVI) also describes the 
yaiious places, mentioning " Huitznahuaccalmccac," '* Casa de recogimiento, y habita- 
cion de los Sacerdotes, y ministros de este lugar*' (p. 150). "Tlamatzinco calmecac," 
donde vivian y tenian su asistencia los Sacerdotes, y ministros de este dicho Temples '» 
(p. 151). " Yopico calmecac " "donde habitaban, y se criaban los muchachos " (p. 153). 
"Calmecac" — "donde se criavan los ninos" (p. 149). Besides these statements, the 
two authors Just quoted allude to the Calmecac in the same manner at various places. 
Sahagun (Lio. HI, Appendix, cap. VII, and especially Cap. VIII, pp. 274-276). Already 
the title of this chapter is significant : " De las costnmbres que se guardaban en la 
casa que so Uamaba Calmecac, donde se criaban los Sacerdotes, y ministros del templo 
desde ninos." Torquemada (Lib. XIII, cap. XXVIII, pp. 469-471). Johannes Husebius 
Nieremherg (" Historia Katurce,^^ Lib. VIII, cap. XXII, pp. 143-146). Ue copies Hernan- 
dez who, in turn, almost verbally agrees with Sahagun. Oviedo (Lib. XXXIII, cap. X, 
p. 302 ; Cap. LI, p. 537). Gomara (Vedia I, p. 438). 

^^^ Molina (II, p. 11). " Calmeca tlatoUi,*' " palabras dichas en corredores largos" 
and " Calmelactli," " Sala grande y prolongada, 6 corredor de la casa." Tlie word may 
be decomposed into "Calli"— house, and "mecayotl" — consanguine relationship, or 
" mecatl " a cord or tie. " House of Ties " ? 

iwJ ^^Andent Society » (p. 74). 

10' Already Motolinia (Trnt. II, cap. VII) pictures vividly the difficulties encountered 
by the priests in regard to regular marriage. The first question to be determined was 
that of the legitimate spouse. This has already been investigated in a former note. 
The next question was that of the degrees of consanguinity, or affinity. It was rigidly 
inquired into whether perhaps, custom had sanctioned iutei'marriage of brothers and 
sisters. Gomara (Vedia, p. 439): "No casan con su madre ni con su hija, ni con su 
hermana; en lo demas'poco parentesco guardan; aunque algunos se hallaron casados 
con sus propias hermanas;" thus admitting the fact that intermarriage of that kind 
existed. Mendieta (Lib. Ill, cap. XLVIII, p. 305) also concedes that such mav have been 
the case, and infers that these marriages should be regarded as valid. The question of 
intermarriage between children of the same issue becomes important through the 
statements and discussion of Torquemada (Lib. XIII, cap. VII, p. 489) about the matri- 
monial customs of the Indians of Vera- Paz : " The Indians of Vera-Paz were compelled 
frequently, on account of their customs of relationship, to marry brothers with sisters 
for this reason: It was not customary for those of one clan, or tribe, to marry the 
women of the same tribe (pueblo), and thus they sought for them from others, because 


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H* H« Bancpofb to whom every student of American antiquities 
must look with a deep feeling of gratitude for his valuable ser- 
viceS) says on the subject ; '^ marriages between blood relations 
or those descended from a common ancestor were not allowed."^®® 
The act of marriage itself was preceded by • negotiations on tiie 
part of one ealpulii (that of the man) with another (that of the 
woman), the negotiations terminating in something like & purchase 
of the girl."^ It is beyond our purpose, at present, to dwell on the 

they did not reckon the children, born in foreign tribes or lineages, as lielonging to 
their family; although if the mother had issued fVom their lineage, and the reason for 
tills was, that this relationship was only attributed to the men." Now this is a very 
plain statement and picture of ^* desceut in the male line," with the rules of kinship as 
strongly and fully in vigor as, with <* descent in the female line " among the Iroquois. 
The inhabitants of Vera-Pac spoke, according to fferrera (Dec. IV, cap. X, cap. XIV, 
p. 298), '* yarios Lenguages,'* but ttiey selected one at the instance of the Dominican 
fathers, " to use it in general." Dr. Berendt (" Remarks on the Centres of Ancient Civili' 
tation in Central America and their Geographical Distribution,** address read July 10, 
1876, pp. 9 and 10) mentions in Vera- Pas three idioms: the "Kekchi" (Alta Verapaz), 
•*Pokoman" (in the South), and the "QQuich^" (Western Verapaz). See also E. O. 
SquieTy (" Monograph of Authors who have tpritten on the Languages of Central America^** 
Introd., p. IX). II. H. Bancroft (Vol. Ill, cap. IX, p. 760). Diego Garcia de Palacio 
(" Beport to the King of Spain in 1576,'' German translation by the late Dr. Alex von 
Frantzius, pp. 4 and 64). Pimentel ('* Cuadro descriptivo de las Lenguas," etc., Vol. I, 
pp. 81-84). The close connection in customs and Institutions (see my notes in regard 
to the calendars of Mexico and Central America) between the QQuich^ and the Mexi- 
cans, and the probable identity of their origin, make it not unlikely that the latter had 
also the same rule, " not to marry within the tribe or lineage," or rather in the kin. 
As every tribe in Mexico consisted of a number of Calpulli, there was no need of 
selecting the wife from outside of the settlement. The manner of arranging marriages 
furnishes direct evidence of the fact. Chat the wife was, at least usually, from another 
kinship. (See note 109.) See especially, besides, Sahagun (Lib. II, Appendix, p. 228). 

w« " Native Races " (Vol. II, cap. VII, p. 251). 

10* Not only the consent ot the young man's parents was requisite, but also that of 
the ** telpuchtlato " (speaker to the youth) of his '• barrio " or calpulli, i. e., of his kin. 
This fact is abundantly proven. Sahagun (Lib. VI, cap. XXIII, pp. 152, 153) says : The 
"speaker" was invited to the house and after having "eaten and smoked," "the old 
parents of the young man, and the old men of the barrio sat down," and the case was 
told to them. The *• speaker " then took formal leave of the youth " y dejaban al moso 
en su casa de su padre." (Lib. Ill, Appendix, cap. VI, p. 271), he again insists that the 
consent of the " maestros de los mancebos " was required. Zurita (" Rapport** p. 132) : 
"Lorsqu'ils ^talent d'ftge k se marier, c'est ft dire & vingt ans on un pen plus, ils en 
demandaient I'autorisation " (p. 134). Mendieta (Lib. II, cap. XXIV, p. 125) : " Llegados 
ft la edad de casarse . . . pedian licencia para buscar mujcr; y sin licenciapor mara- 
villa alguno se casaba, y al que lo hacia, demas de darle su penitencia, lo tenian por 
ingrato, malcriado y como ap6stata " . . . 7brguef/ia<2a (Lib. XIII, cap. XXX). It was 
the kin of the male which solicited the girl, and this solicitation was carried on by 
women, wlio brought presents. Compare also H. H. Bancroft (Vol. II, pp. 251 to 262). 
Vetancurt (Part II, Trat. II. cap. XII, p. 477. " TecUro Mexicano,** Vol. I). If tlie male 
needed it, " the community " assisted him. See above authorities, and others. 

The controlling influence of the JTin, in matters of marriage, was officially recog- 
nized, as late as 1555, by the first provincial " concile" held at Mexico in that year. It 
was ordained : " That since it is customary among the Indians Maceguales not to marry 
without permission ("licencia") of their principals, nor to take any women, unless it 

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ritual details thefmaelyes^ but we must lay partienlar stress on the 
fact, that the wife became the property of her husband and that 
she was, as snch, placed under the direct protection of his. kins* 
men. Such marriages could be annulled by mutuaL consent, 
provided the kin gave its approbation. In sudi a case the woman 
was at liberty to marry again, and also to return to the calpuUi 
from which she issued. ^^^ 

We might now be expected to cast a glance at the funeral rites 
of the ancient Mexicans since it was one of the attributes of the kin 
to enjoy common burialM^ But this question is so intimately con- 
nected with that of creed and belief that we refrain from tres- 
passing too much on that fieldi The Mexicans practised cremation 
and, in the case of warriors slain in battle, at least, it is known 
that the exercises were conducted by the officers and leaders of 
each kin, all its members^ and not the special relatives and friends 
only of the deceased, attending the ceremony.^^^ Our knowl- 
edge of the burial places of aboriginal Mexico is still very indefi- 

was given by their hand, ont of which there arise gi'eat discomforts, and marriage 
among tree persons is not as A'ee as it should l>e, therefore, we ordain and command : 
that no Indian principal of whiclieyer oonditioii or rank (" estado,") shall of kis own 
accord or authority give away any wife to anybody whatsoever, nor shall he prevent 
any Macegual fVom marrying fl'eely the woman whom he may wish, and who may like 
him,— nnder penalty of thirty days of imprisonment, and other penalties which the 
Judge may determine upon.'' 

(" ConcUios Provinciates t Primero v Segundo, ceUbrados por la muy nohle^ y muy Ltal 
ciudad de Mixico etc^ etc. Dalos d Luz el IWmo Sr. D. Francisco Antonio Lorenzana 
Arzobi^o de esta Santa Metropolitana Iglesia Ano de 1769). The '^ principales Indios ** 
are the officers of the " Kins," and thus we have, thirty five years after the conquest, 
a formal recognition of the custom among the Mexican Indians that marriage was con- 
trolled by the Kin. How the *' encomenderos »' subsequently interfered with that 
custom, in order to conceal their own criminal doings, is plainly toJd by Fray Antonio 
de Remesal '* Historia de la Provinda de San Vicente de Chyapa y Guatemalaf etc.^ etc.** 
Madrid, 1619 (Lib. VII, cap. XV, p. 327). 

^10 It is singular that some of the earliest ecclesiastical writers imply that there was 
no rule of repudiation or divorce among the ancient Mexicans. Mendieta (Lib. Ill, cap. 
XLVIII, p. 303). The same authority, however, attributes this to the banefUl effects of 
contact with the Spaniards, in consequence of which the customs of the natives grew 
more or less dissolute and immoral (p. 304). Zurita (p. 97) confirms, and Torquemada 
(liib. XVI, cap. XXTV, p. 196), copies Mendieta literally. For the customs of divorce 
see ZurUa (p. 97), Mendieta (Lib. Ill, cap. XLVIII, p. 804), Torquemada (Lib. XIII. 
cap. XV, pp. 441 and 442), Oomara (Vedia I, p. 440), Herrera (Dec. HI, Lib. II, cap. C, 
XVn, pp. 72 and 73), Bustamante (** Tezooco^** p. 196), and others. The division of 
property mentioned as accompanying the divorce, applies only to personal effects, 
since the wife brought nothing else. See '* Tenure of Lands " (p. 429, and note 107). 

The matrimonial customs of the ancient Mexicans will be more thoroughly dis- 
cussed by me in another monograph, subsequent to one on ^* Religious Beliefs." 

1" ♦* Ancient Society " (pp. 71 and 83). 

u> Compare Durdn (Cap. XVIII, pp. 154 and 156), and Tezozomoc (Cap. XXV, pp. 87 
and 38). 

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nite, owing, in part, to the treasare-seeking propensities of the 
Spanish immigi'ants as well as to the diligence of the clergy in 
obliterating all objects to which the aborigines attached supersti- 
tious notions. 

For the same reason we refrain here from entering into a de- 
tailed account of the customs of worship. Still we feel obliged 
to state that the feature of " separate religious rites" ^^^ go charac- 
teristic of society based upon kin, is plainly visible among the 
ancient Mexicans. There are some very remarkable evidences of 
this, to which we must allude. 

It has already been established at the outset, that each calpulli 
had 'Mts particular god," which was worshipped, as a tutelar deity, 
within the territory of that calpulli. Consequently each kin had 
its particular medicine-lodge or temple.^^^ Besides, the last one 
of the seventy-eight places into which Father Sahagun subdivides 
the great central " teo-calli " of the tribe, is described by him as 
follows : 

"The seventy-eighth edifice was named calpulli, these were 
small buildings enclosing the inside of the square, these little 
houses they called calpulli^ and there the principals and officials of 
the republic gathered, to do penance for four days preceding each 
festival occurring at twenty days interval. Their vigils thus lasted 
four days, during which time some of them ate at midnight and 
others at noon."^^* 

This statement, which is confiimed (according to the learned 
Jesuit John Eusebius Nieremberg)!!^ by the celebrated physician 
and naturalist Francisco Hernandez, is followed by another one, 
not less important, also of Sahagun : 

"They offered up many .things in the houses which they called 
" calpulli/' which were like churches of the quarters, where those 
of the same gathered, as well for to sacrifice, as for other cere- 
monies they were wont to perform."!^*' 

Thus the right of the kin to "separate worship" appears not 

»" " Ancient Society " (p. 71). 

"« Besides the positiye asseililous of Sahagun (Lib. II, Appendix, p. 211. Lib. I, 
cap. XIX, p. 31) : ** se ponian en una de las casas de oracion que tenian en los burrios que 
ellos Uamaban calpulli, que qniere decir iglesla del barrio 6 parroquia'* and (Lib. II, 
cap. XXXVII, etc.), we have also the testimony of Durdn (Cap. V, pp. 42 and 43, and 
Cap. IX, pp. 79 and 80), and Oviedo (Lib. XXXIII, cap. X, p. 302). 

"»" HUtoria generaly** (Lib. II, Appendix, p. 211). 

"«" HUtoria naturae,'* iLib. VIU, cap. XXII, p. 146). 

U7 «< HUtoria general,'* (Lib. II, Appendix, p. 211. See note 114). 

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only established within that kin's territory, but it is also recog- 
nized even at the central medicine-lodge of the tribe. 

A further evidence of it is found in the manner of distribution 
of the captives, upon the return of a successful war-party. It is 
known that prisoners were always offered up to the idols. Such 
a person, therefore, as soon as secured, became an object of 
*' medicine f he was so to say a sacred object. Well treated as 
long as he was not needed for the slaughter-block, nothing could 
in the end save him from sacrifice. But this sacrifice itself was 
not made in behalf of his captor, but on behalf and for the kin to 
whom the captor belonged. Therefore upon arrival at the pueblo, 
the prisoners of war were turned over to the respective calpulli as 
their share thus fui-nishing another illustration of ^^ Separate Bites 
of Worship " of the kins composing the ancient Mexicans.*^® 

Having already discussed, in a former paper, the tenure of Lands 
and customs of Inheritance^^^ we now pass on to one of the most 
essential features of tribal society, and one which involves some 
of the vital points of organization and customs. 

The kin was obligated to protect and defend the persons and prop- 
erty of its members^ and to resent and punish any injury done to 
them^ as if it were a crime committed against the kin itself ^^^ 

The impression justly prevails, that the so-called '' penal code " 
of the Mexicans was simple but severe, death being, in most in- 
stances, the punishment of offenders. This resulted, in a great 
measure, from the fact that any offence against an individual 

ii» Mendieta (Lib. II, cap. XXVII, p. 132), rather contradicts himself when he 
says flrst : that the captive belonged to his captor, but at the same time, that this cap* 
tor was even killed if he gave hwrj his prisoner to another man. Second : that each 
one had to watch his own prisoners, and at the same time they were guarded in com- 
mon, and at the risk of the "barrio" or kin, which was responsiole for their safe 
keeping. Torquemada (Lib. XIV, cap. Ill, p. 540) copies this almost literally. 
Much more positive and clear is Durdn (Cap. XIX, pp. 172 and 173) : " mandd Tlacaellel 
repartir los cautivos, porque eran muchos, por todos los barrios y que cada baiTio se 

encargase de guardar y sustentar tantos Los mandones de los barrios repar- 

tleron los presos 4 cada barrio, i como les cauia.'' (Cap. XXI, p. 186) : ** Monte^cuma 
los mandaua vestir y adere9ar y llamauava ft los Calpixques, que son los mandoncillos 
de los barrios, y entregauanlas, para que tuviesen cuidado dellos, diciendo que eran 
la merced del sol, Sefior de la tierra, que los daua para el sacriflcio." (Id., cap. XXII, 
p. 192. Cap. XXVIII, p. 237) : " luego fu^ron repartidos entre los baiTios y encomenda- 
dos 4 los mandoncillos.'^ (Cap. XLII, p. 343, etc.). Tezozomoc C^Cronicuj" cap. XXIX, 
p. 46; XXXII, p. 51; XXXIII, p. 53; XXXVIII, p. 61; XLIX, p. 80, etc.), confirms Durin 
as might be expected. 

H9" Tenure of Land* and Customs of Inheritancey** lUh Report of Peahody Museum, 

130 ^* Ancient Society y*^ (pp. 76 and 77). Compare H, Luden (" Geschichte des teutschen 
Volkes,** pp. 501 and 502), among the ancient Germans. 

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Becaifie, according to rules of kinship, one against the social 
group to which he belonged. This presupposes again a general 
division of crimes into two classes, one of whieh includes such 
as were committed by members of the kin against other membws 
thereof or against institutions of the same group to which they 
belonged. The other comprises offenses committed by inhabitsnto 
of one calpulli against those of another. It is only the first clasd 
which we take under consideration here, the second we reserve 
for oar discussion of the mode of government. Crimes com- 
mitted within the kin can be classified as against persons, against 
property, and against medicine. 

The aborigines of Mexico are generally represented as being, 
in their every-day's intercourse, of a quiet, peaceable, inoffensive 
disposition, contrasting strongly with their savage ferocity in war- 
fare* This was not however due to any innate gentleness and 
mildness of nature, but only to the peculiar restraint enforced upon 
them by the law of retaliation or revenge. ^^^ Brawls resulting in 
bodily injury were therefore of extremely rare occurrence, and 
then it was left to the parties to settle it among themselves. * In 
such cases, as in the event of mutual jealousy, a challenge often 
passed between them, and this challenge brought about an en- 
counter at the next campaign when, while the warriors were 
engaged with the enemies of the tribe, the contestants fought 
as if they had belonged to opposite camps, until one of them 

)>i The character of the Mexican Aborigines is yariously depicted hy older writers. 
It appears as a mixtoi'e oi cfaildlilLe docility and fierce, passions. Cortis (" Carta 5e- 
gunda,^^ p. 18. Vedia, Vol. I), speaks of them according to the reports of the Tlaxcalte- 
cans. £«maZ/>»e«C'^M<ortaetc.,"pp.S09and310. Cap.CCVIII. Vedia II), speciaUy 
dwells on their vices and their cruelty, as evidenced in their sacrifices. *' El Conquiata 
dor Andnimo* (Col. de Docum., I, pp. 371, 883, 887, and 897), places great stress on their 
ferocity, although he also says that they are very obedient. The missionaries, generally 
exalt their good sides— their docility and faithfulness. Compare Motolinia (Trat. X, 
cap. XIV, pp. 76 and 77). The same (Trat. J, cap. II, pp. 22 and 23), mentions, however, 
their vices al8o,'attributing neaHy all of them (idolatry excepted), to their inclination 
towards mtemperance. (Trat. II, cap. IV, p. 113) : ** Lo que de esta generacion se puede 
decir es, que son muy extranos de nuestra condicion . . . ." Zurita (p. 197—207), is 
very bitter against such as treat the Indians as barbarians. (Id., 42 and 45). MencUeta 
(Lib. Ill, cap. XLIU, p. 390), says that they were very willing to forgive and aslc to Ue 
forgiven, the latter taking place, before going to confess themselves, sometimes before 
all the relationship and the neighbors: >' suelen algunos Juntar (al tiempo que se quieren 
confesar) toda su pai'entela y vecinos con quien conimunican, y pedirles perdon en la 
manera dicha." Against this, it is reported by Torguemada (Lib. XIV, cap. I, p. 635), 
that ^' these people were naturally more vindictive, than all the rest of the world.'* 
Compare also the descriptions of the character of the Mexicans in Clavigero (Lib. I, 
cap. XV). 

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was disabled or until he yolaatarily withdi^w*^ Slandereras 
however, were punished bj' the kin, having their lips cut off 
or publicly sliced *^^ Homicid^^ said murder^ were invariably 
punished by death.i^ 

. Intemperance in public, was free to people more than seventy 
years old, while if' grown men below that age appeared in a 
drunken state (festivities excepted), their heads were shorn clean 
in punishment. But whenever the* delinquent • was a chief he 
Tvas publicly degraded:; and any. officer was forthwith removed 
and relieved of his duties.^^^ Women who attempted to act as 

»«« Gomara (Vedia I, p. 440) : " no traen armas elno en la Kuerra, y alii ayerigiiao sua 
pendencias por desaflos." Bartolomd deias Catas (•* Historia apolog4tica de Jndiaaf** 
cap. 213 and 214. Vol. VIII of Lord Kingsboroiigh, note XLV, p. 124). Bystanders in- 
terfered, separating tJie paities, If they came to blows. Motolinia (Trat. I, cap. II, p. 
23), says tiiJit such strife and quarrels only occurred when they were drunk : ** Y fuera 
de estar beodos son tan paciflcos, que cuando rinen mncho se empujan uno & otro, y 
apenas nunca dan toccs, si no es las mugeres que algunos voces rinendo dan gritos." 
(Cap. XIV, p. 76) : "Sin rencillos ni enemistades pasan sn vida.'* Torquemada (Lib. XII, 
cap. XV, pp. 398 and 399). Herrera (Dec. Ill, Lib. IV, cap. XVI, p. 136). 

^^^Zurita (" Rapport," etc., pp. 129 and 130) speaks only of children, pnnished by 
splitting the lips for lying. This is copied by Herrera (Dec. Ill, Lib. IV, cap. XVI, p. 
136) and Torquemada ^Lib. XIII, cap. XXX, p. 478). Vetancurt (Part II, Trat. Ill, p. 482), 
however, declares this punishment to have been meted out to adults, adding: <* to-day 
there would be many without lips, so much do they lie." Oomara i**Conqui8ta,*' p. 488, 
Vedia I) speaks of this punishment as having been instituted by Qnctzalcohuntl, and 
for adults as well as for children. This, attributing it to Quetzalcohuatl, is an evident 
error. Compare Sahagun, (Lib. Ill, cap. Ill, p. 244). Clavigero (Lib. VII, cap. XVII, 
p. 489) is positive about adults. Bustamante C^Tezcoco," p. 195) says that slanderers 
were killed. 

1" Las Casas (*' Historia Jpoloff4ticaj** cap. 213, KIngsb : Vol. VHI, p. 123) : Destov 
era el que mataba k otro, el cual moria por ello." Oomara (Vedia I, p. 442) : *' Matan al 
matador sin excepcion ninguna." Mendieta (Lib. II, cap. XXIX, p. 136) : '* Sentenciaban 
& mueite ft los que cometian enormes y graves delitos, asi como a los homicides. El 
que mataba i otro, moria por ello." Torquemada (Lib. XII, cap. VIII, p. 387), almost 
copies the preceding. Nearly all the authors agree on this point, except, according to 
Mr. Bancroft (** Katiife BaceSt" Vol II, p. 459, note 59), Durdn, who is said to assert: 
" that the murderer did not suffer death, but became the slave for life of the wife or 
relatives of the deceased." In this Durin agrees with th " Codice Ramiree.'* Vetan- 
curt (" Teatro,*^ Vol. I, p. 485) says that even for murder committed in a drunken 
state, the culprit was killed (hung). Clavigero (Lib. VII, cap. XVII, p. 484) briefly 
states that all homicide was punished with death. As to the manner of execution, it is 
rarlously stated. It would be unsafe to attempt going into details. 

1*5 It is well known that there was an idol for the drunkards. Sahagun (Lib. I, cap. 
XXII. p. 40) even gives the names of thirteen " dioses del vino." According to Qregorio 
Garcia (" Origen de los Indios," etc. Lib. Ill, cap. II, §VI, p. 92, who mentions as au- 
thority Fray Estevan de Salazar, " Historia^ i Relation de la Teologia de los Indios Mexi- 
canos^* lost in a shipwreck, 1564), they had three hundred gods of the drunkards "que 
de solos los borrachos tiener 300 Dioses." See also Torquemada (Lib. VI, cap. XXIX, 
p. 58) and others. The punishments are given by me after Mendieta (Lib. II, cap.'XXX, 
pp. 139 and 140). Copied textually by Torquemada (Lib. XIV, cap. X, p. 560). Besides 
these, Zurita (pp. 110-112) asserts the same, even more explicitly, and he is followed by 
Herrera (Dec. Ill, lib, IV, cap. XVI, p. 136), Vetancurt (Vol. I, p. 485). Clavigero (Lib. 

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^ 626 

procuresses were severely punished, though not with loss of 

While clandestine relations between young men and girls were 
known to exist and, if not sanctioned, still were not punished,^^ 
it was different if a married man attempted to seduce a maiden 
who was not an outcast. The seducer was invariably punished.^^ 
Intercourse between unmarried people was tolerated, as a pre- 
liminary to marriage and the consequent increase of kinship, but 
if a husband, in contravention of the obligation ^^not to marry 
in the kin," endeavored to satisfy his lusts upon one of that kin's 
wards, as the daughters of members all were, then he committed 

VII, cap. XVII, p. 488), all affirm, besides, tbat yonng people, while yet in care of the 
** houses of training," if intoxicated, were killed. This is also confirmed by Sahagun 
(Lib. Ill, appendix, cap. VI, pp. 270 and 271). Except by Motolinia (Trat. I, cap. II, pp. 
22 and 23), it is generally conceded that drnnkenness was well controlled in aboriginal 

^3* Althongh prostitution was tolerated, still, houses of ill-fame did not exist. Tor- 
quemada (Lib. XII, cap. II, p. 376): <* Esto parece, porque permitieron, que huviese 
Mugeres, que se daban k los que querian, y se andaba k esta vida suelta, y gananciosa, 
como las de nuestra Espana, y otros Beinos; puesto que no tenian casa senalada, ni 
publica para la execucion de su mal oficio, sino que cada qual moraba donde le parecia, 
y el acto deshonesto, en que se ocupaba, servia de lugar publico, y en el mismo vicio se 
hacia publica y se manifestaba." Vetancurt ( Vol. I. p. 480) : *' Permitian los mexicanos, 
mujeres que ganasen con sus cuerpos, aunque no tenian lugares senalados." It is, 
therefore, not quite clear what may be meant by the term ** alcahueta." In the sense of 
the French word " entremetteuse," alone, they were amenable to punishment, since it 
was the duty of the man to hunt his ** female," although he sometimes employed women 
called '^ cihuatlanqui " for that purpose. I suppose that such women were punished, 
not for the immorality of their conduct, but for their unauthorized forwardness in 
addressing themselves to men, and thus trespassing upon the dignity of that superior 
being. In regard to authorities on the mode of punishment, I but refer to those quoted 
by Mr, H. H. Bancroft (Vol. II, p. 460, note 101). 

137 1 have already shown that young people held intimate relations with each other 
before the formalities of marriage were arranged. Thus, while he was yet at the 
*' Telpuchcalli," the youth had his female friend, ^'amiga" or "manceba,'' outside. 
This is positively stated by Sahagun (Lib. Ill, appendix, cap. VI, p. 271) : '' y estos 
mancebos tenian sus amigas cada uno dos 6 tres, la una tenian en su casa, y las otras 
estaban en las de sus familias," and Torguemada (Lib. XII, cap. Ill, p. 376). That 
these female " friends " were regarded with more than a feeling of platonic love, 
is diyly expressed by Sahagun (Id : cap. V, p. 270) : *< y los que eran amancebados ibanse 
k dormir con sus amigas." It is also asserted by Torguemada (see above) : " que despues 
que aquel mancebo havia un Hijo, en la dicha manceba, luego le eraforcoso, 6 dejarla, 
6 recibirla por muger legitima." Vetancurt (Vol. I, p. 480): *' los mancebos antes de 
casarse tenian sus mancebas, y solian pedirlas & las madres." This almost establishes 
promiscuity among the ancient Mexicans, as a preliminary to formal marriage. 

138 Clavigero (Lib. VII, cap. XVII, p. 486) says that the punishment was not like that 
of the adulterer, ''because the husband was not required to the same amount of con- 
jugal fidelity as the wile." With " slaves " concubinage was permitted, and the result 
of childbirth was freedom to the child. Death was invariably the punishment of 
those who held, or attempted to hold, intercourse with girls in care of the house of 
worship. Zurita (p. 106, etc.). Mendieta (Lib. II. cap. XXIX, p. 136): "El que hazia 
iUerza k virgen, ora fuese en el campo, ora en casa del padre moria por ello." 

Kbport Fbabodt Museum, II. 40 

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a crime which the calpulU was bound to punish in the most ereln^ 
plary manner. 

While we are not at all surprised at such severit}^ in the cases 
above stated, it cannot fail to astonish us, that such apparently 
harmless acts as those of a man wearing female dress and of a 
woman appearing in male attire were visited upon the offenders 
with death.^29 gtill, the ancient Mexicans could assign from 
their peculiar point of departure good cause for such cruel punish- 
ments. The position of woman was so inferior, the\^ were regarded 
as so far beneath the male, that the most degrading epithet that 
could be applied to any Mexican, aside from calling him a dog, 
was that of •■* woman." It was more injurious than coward. Now, 
for a man to assume the garb of such an inferior being became 
almost equivalent to a crime against nature. It was an act of 
wilful degradation which was a deadly insult to his own kin. On 
the other liand, if a woman presumed to don the dress of her 
lord and master, it again was a crime of an equally heinous 
nature. In both cases tiie dignity of the whole consanguine 
group became deeply affected, and death alone could satisfy its 
honor. After this, it is needless to say how the actual crimes 
against nature were regarded and punished. ^^^ 

It was also a capital crime for any man, to assume the dress 
or ornaments peculiar to an office, without being himself that 
office's lawful incumbent. Besides being a grave insult to the 
rightful officer, it was a dangerous offence towards the kin, 
especially in case of war, when it amounted to actual treason.^^i 

Since it was the kin's duty to protect, not onl^- the persons, but 
also the property of its members, it follows that adultery com<^ 
mitted with a married woman entailed deadly puiiisiiment upon 
the male, whether he was married or not. His crime was that of 
stealing the most precious chattel of one member of the calpulli. 

120 This is so generally mentioned by all authors, that special references are super- 

130 AH autliors insist that incest was punished with death. Torquemada (Lib. Xri, 
cap. IV, p. 380) : •• Todos los que conietian incesto en el i)rimer grado de consanguinidad, 
tenian pena de muerte, si no eran cunados, y cufiadas." Menditta (Lib. 11, cap. XXIX, 
p. 137). Vetancurt (Vol. 1, p. 481). All these authors appear to have gathered their 
iniorniation from the same source, or rather Torquemada is Irequenlly Mendieta's 
plagiary, while Vetancurt often copies Torquemada. To avoid superfluous quotation, 
I beg to refor, on the subject of " unnatural crimes," to Bancroft (Vol. II, pp. 466, 467 
and 4(18, " Natit'e Iiac(8**). 

"I Men'Hita (Lib. II, cap. XXVII, p. 1.32), copied by Torquemada (Lib. XIV, cap. Ill, 
p. 540), Durdn (Cap. XA.VI, pp. .14, 2i5 and 216), and otliers. 

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The woman, as participant in the offence, was also killed. Both 
were executed in jmblic^^a Theft of objects was variously pun- 
ished. If the article was of small value and could be returned, 
its restitution settled the matter ; ^^ but if it were of greater value 
and could not be returned, then the thief became " bondsman" to 
the injured owner or even suffered death for his crime.*^ The 

iMIf, however, the hasband killed the wife hfrnself, even if he canght her 
JIagrante delicto, he lo^t his own life. This sliow^ clearly, that the crime was consii1> 
ered as one not so ranch a.ifainst the man, as against the clnster of kindred to which 
he belonged, and they were con»eqnontly not only bonud bnt eniUle»t to avenge it. 
Evidence of this punishment of the injured husband in ea^e lie avenged himself, is 
found in many authors. See Menilieta (Lib. II. cap. XXIX, p. 13(i)f Torquematin (Lib. 
XII, cap. IV, p. 37b), Clavigero (Lib. VII, cap. XVII, p. 48i), and H, H. Bancroft (Vol. 
U, p. 4(i6). 

In strange contrast with the frequent assertions of the high-handed mfinner in 
which the chiefs are said lo hat'e u^'e<l, at their will and good pleabure, the women of 
the land, as for instance in Gomara (Vedia I. pp. 438 and 4:i»), Moioiinia (Trat. II, 
cap. VII, p. 125) and others, we find it positively stated tliat ndultery and rape were 
•everely punished even in tlie case of the higliest oflic<*vs and chieftains. Thus, 
tiie case of tlie chief of Tiaxciilian. who was executed for adultery, is related 
with ftill details by Las Canon (" Hist. ap<'logetica.'^ Cap. 213, in Vol. VIII, of Kings 
borough, p. 123), Zurita (pp. 107 and lOS) Torquemada (Lib. XII, cap. XV. p. 3J«). An- 
other story of a son of the chief of Tezcuco, killed tor intercour • with girls then in 
the houses of worship, is aUo fully given. IxHilxochW C' HiU, des Chickimi' 
ques,** Cap XLIV, pp. 31.>-:i20), Torquemada (Lib. II, cap. LXV. p. 1«I)). etc. These are 
strange contra<Uctions and are, sometimes, found even between fact and fact as told 
by the same author. 

*»• Gomara (Vedia I, p. 442), says : •* El ladron era esclavo por el primer hurto," but 
this is not sustained by others, in the case of small thells. For instance. MeTidieta (Lib, 
n» cap. XXIX, p. 138) : " El ladron que liurtaba hurto notable, .... por la prinura vez 
era hecho esclavo.'* Torqvemada (Lib. XII, cap. V, i>. 381), but especially (Lib. XIV, 
cap. XXI. p. 5G4): "Al que hurlaba pequenos huitos. si no eran muy frequeut-idos, con 
pagar lo qne hurtaba hacia pago." ClaiHffero (Lil». VII, cap. XVII). 

"*The statements are po^itive to thnr. effect. Mendieta (Lib. II, cap. XXIX, p. 138), 
Torquemada (Lib. XII, caj). V, p. :«1), Vetancurt (Vol I, p. 48i). ^'Anonimo ** (Col. de 
Doc: I, p. 383) exaggerates. *'De Vordre de Succession obxerre par les Indienn** Mr. 
Temaux Compans' translation of a Smiancas MSS., (Is^t llecueil, p. 228) eontirms the 
** anonymous." Fray Franinsco de Bologna {^"Lettreau R. I* Clement d€ Monelia,^^ Ist 
Becueil. p. 211) : *' lU n'^taient pas tres crueln dans les pumtions qu'ils iufliK^aieut aux 
coupables.'' Gabriel de Chares {"Rapport sur la province de AfeztUlan,'* French 
translation by Mr. Ternaux, 2d Recueil, p. 312,— original held by Sr Icazbalceta). 
Berrera (Dec. Ill, lib. IV, cap. VII, p. 121), about Nicaragua: "Cortaban los C.d>elio8 
al Ladron, i quedaba Esclavo del Dueiio de lo hurtado, hasta que" (Lii». III. 
cap. XV, p. 101). at Izcatlan: ''con los bieiies <lel La<lron. denpues de justiciado, s.^t- 
isfacian al agraviado. Jxtltlxochitl {" Hi^toire des Chichimfqiies^^* C:»p. XXXVIII, p. 
266) : ** Celui qui vqlait dans les villages on dans lea maisoiis Uevenait l'es«5lave du vol6, 
qoand il n'avait pas commis d'effraction. et que le vol etait de pen d'importsiui'e; dans 
le cas contraire il 6tJiit pendu." C. Ortega (Appendix to Veytia, Vol. Ill, p. 225) : '• Casi 
siempre se castigaba con pena de mueite, a nienos de que la paite ofendida conviniese 
en ser in<lemnizada p»»r el ladron. Tambien tenia el ladron la pena de ser esclavo del 
duefio de lo que robaba; y si e-te no lo queria, era vendi<lo por los juezes, y con su se pagaba el robo." Bvstom^nte ('• Tezcoco," Parte Ilia, cap I, p. 197). 

Several of the autiiors above quoted, relate the well known tale about *' wr ithy 
chief " (Montezuma) picking some ears of corn in a gardenplot, for which he was ap- 

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duration of this bond, whether for certain time or for life, is not 
stated. If any one changed tbe limits (lines) of the individual 
lots (^Halmilpa"), or of the official tracts, he lost his life. His 
oilence was not so much against the occupant as against the 
kin, who had fixed the destination of each particular plot of land, 
and determined its boundaries. ^^^ It is also mentioned that "he 
who squandered the property of minors left to his care" suffered 
death for it. The case could only be that of an oldest son, or of 
a father's brother, in whose care the " tlalmilli " improved by the 
deceased was left, to be improved for the benefit of the latter's 
children. If now this warden failed to have that lot tilled for 
two years, it became lost to his wards, who were thereby left 
without means of subsistence. There was no restitution possi* 
ble, therefore the negligent administrator paid with his life for 
the neglect. '36 

In general, we discern the ruling principle : that for theft there 
were but two ways of atonement. One consisted in the return 
of the stolen property, and if that was no longer possible, then 
the person of the thief had to suffer for it. Wherever no bodily 
labor could replace the value of the loss (as in the last case men* 
tioned) the life of the criminal became forfeited to the kin, since 
the sufferers looked to that cluster for redress. '37 xhis carries us 

prehended by its owner or at least occupant. This story shows, that no chief was 
exempt from punishment even for slight misdemeanors. 

I refer to Torqnemada (Lib. XI V, cap. XXI, p. 6fJ4), VetancUrt (" Teatro^" Vol. I, p. 
4a3), Buntamante {*'Tezcocot" p. 197) for tlie assertion that the kin of the thief 
assisted him in discharging tiie penalty for his crime. The former says : ** y si no tenia 
de que pagar, una, y dos veces, los parientes se jnntaban, y repartian entre si el Talor 
del hurto,' y pagaban por el, diez. y doce mantas, y desde arriba : ni es de cr^er, que 
hacian Esclavo por quarenta, ni cinquenta mazorcas de maiz, ni por otra cosa de mai 
precio, si ^1 tenia de que pagar, 6 los Parientes." On this important point— the soU- 
darity of the kindred in the case of the crime of one of their number, see, further on, 
note 137. 

i»«To the authorities so frequently quoted on other subjects, I will add here IxttUxo* 
chitl (•' lielaciones histdricas,^* Vol. IX, Lord Kingsborough, p. 387). 

138 Torquemada (Lib. Xil, cap. VII. p. 385) calls this an "extravagant law." Further 
quotations useless. 

"' It is stated hy Vttancurt (•• Teatro Afexicano, Vol. I, p. 483) : " En los hurtos* 
era ley general que siendo cosa de valor tonian pena de muerte; y si la parte se conve- 
nia, pagaba en mantas la cantidad al dueno, y otra mas para el iibco real; 4 esto 
acudian los parientes.'* This "obligation to lielp" on the part of the kin we have 
already met with in the case of marriage, where the kin assisted the newly married 
couple. (See Zurita^ ^^Rapport^" p. 132) : ** Si le jeune homme ^tait pauvre, la com- 
munant^ oii il avait ^t^ ^lev^ I'aidait." We find it subsisting after the conquest, 
as when an Indian died, leaving debts, his kinship paid them for his estate (which in 
most cases was insolvent), or "worked it out for him.*' This is asserted as follows bj 
Fray Augustin Davila PadiUa (*'Hi$toria de la Fundacion y Ditcwio de la Provincia d% 

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tp a class of thefts and other similar offenses, committed against 
worship or " medicine." 

. Any attempt at seduction of a female who had taken the 
pledge of chastity in behalf of medicine, was most cruelly pun- 
ished, both in the persons of the seducer and the female ; and if a 
medicine-man broke his vows, he suflered a horrible death. *3« 

j We have already mentioned that it was a capital crime on the 
pwurt of a warrior to take for himself a prisoner of war secured by 
another. 139 Such cases occurred only during an engagement or 
imniediately after it. Why an action of that kind should entail 
so rigorous a punishment can be easily inferred, if we recollect 
t|iat a captive of that kind became at once sacred — an object of 
if^icine. No return could atone for the offence, since it had been 
committed against the '' rites of worship," one of the kin's most 
sacred and important attributes. Under the same head must be 
];]|)aced the capital punishment of such as wrongfully appropriated 
tp themselves gold or silver. Both of these metals were regarded 
as objects of medicine, and whoever seized them unlawfully, com- 
i^itted a crime against worship also.^^*® 

Santiago de Mexico,** 2f\ Edition, lf)25, Lib. I, cap. XXVI, p. 83) : "Si muere alguno dellos 
cOn deiidus, coino si los deudos las heredaMsen por parecerse deudas y deiidas eii el 
neoibre, procuran luego entre los p:nientes pagavlas. porque el aniiiia de su dilunto no 
dilate la entrada en el cielo. Y si no tieneii caudal para psigar, procuran que se per- 
dpne la deuda, y sino salen con esta tnig i, t^e <iau luogo todon en servicio al aci-ecdor 
haota que del todo se i)ague lo que el difunto tlevia. Viviendo yo en el colegio <ie San 
Lj^a de predicadores el ano de 158B, sucedid morir un Indio que trabajaua en aquel 
Bi^mptuoso editi;io, y era muy dicstro cantero; auia recibido dineros adelautado^i, y 
qjiando murio quedava devien<lo veynte pesos, 6 reales de a ocho. Vinieron luego 
a^ oolegio los parientes reconocienda la deuda, y pidiendo que los ocupasen en servicio 
di^l colegio, para que se descontasse lo que su defunto deuia. No se les daua niuclio a 
1<M Padres del cohgio por cobrar estos dineros; porque deraas de ser pocos no |>arecia 
qjij^ auia nio io i«:ir;i cobrarlos; y mas por acudirft la devocion de losdeudos, le dixeron 
a pno,qne viule^^-e a trabajar en la liuerta. Era niarauilloso el cuydado del indio, ansi 
en venir cada dia, como en venir muy de maiiaua; y preguntandole un religioso la 
d^uea de su cuydado, dixo, que le tenia pojque su parienle se fuesse al cielo. y desde 
alia le ayudasse con Dios, y no estuviesse en el infierno chiquito, que los predicadores 
l^iffan purgatorio." 

My friend Col. F. liecker, to whom I commnn'cated the above, at once recognized 
iO^ analogue to the ancient Teutonic '' GesatHtnt-Burgschaft.** He called my atten- 
tioa to the remarkable organization of the Gernuuis. Compare Luden {** Ge.sdiiclite," 
e|A*f VjdI I, p. 502), winch valuable source I also owe to the kindness oi' the distin- 
gSlished German jurist. 

f^."*In regard to *' priests " it is also staled that they were merely degraded ami cast 
Rlji^fiy; but tiiis is hardly probable since, the higher the position of the culprit, the 
severer was his punislnnent. 

l ."» Compare al^o //. H. Bancroft (Vol. II, p. 419). Prescott (" Conquest,*^ Book I, chap. 

., '}*^Mendieta (Lib. II, cap. XXIX, p. 138). Vetancurt (Vol. I, p. 484) ; '*A1 que hurtaba 

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In the above review of those offences and their punishments, 
imniediatel}'^ connected with that rule of tribal society which 
places the persons and property of the members of a kin under 
that kin's special protection, we cannot pretend to have furnished 
more tiian iUustrations, and not at all a full catalogue. Still, 
enough has been told, we believe, to explain what is frequently 
styled the "penal code" of the ancient Mexicans. It is well 
known, that no actual written laws existed, but on the other 
hand, at the time of the Spanish conquest, the natives still had 
a large number of paintings which represented their own manners 
and customs. Since a considerable proportion of these picture- 
leaves bore on the same subjects, the inference could be easily 
drawn that they indicated forms for the guidance of the people, 
or in other words, that they were a substitute for a written code. 
This was not at all their object. They were simply efforts of 
native art intended to represent scenes of everyda}- life, since 
these were the most handy subjects for such purposes. There- 
fore such pictures are to be regarded as convenient remains of 
aboriginal art, out of which many details concerning aboriginal 
customs may be gathered, but not as "official" sources, from 
which to seek information as to the "law of the land."^'*^ 

plata y oro lo desoUaban vivo y sacriflcaban al dios de los platei'os,que llamaban Xipe, 
y lo Hacabnn per las* calles iiara escarniieiito ile otros, por ser el delito contra el dios 
flngido." This sacrifice to one particular Idol, however, is neither mentioned by Tor- 
quemada nor by his piedecesp'or and main source, Mendieta. Ciavigero (Lib. VJI, cap. 
XVII, p. 487) copiet* Vetancurt niniost tcxtually. So does Ortega (V^ol. Ill, p. 225, Ap- 
pendix to Vey(ia*8 ''Hist. Antigua*'). Jiustamahte C'Tezcoco,*' p. 196) copies the former 
axain. Still it is singular that the (dder the source, that is, the nearer in d:ttetothe 
time of the conquest, tlie less po^itive it is on the point of sacrifice. It wiU be safe to 
admit that the criminal was killed for a crime committed against worship, without in- 
sisting upon a particular place or mode of punishment. 

1*1 Elsewhere C'On the Sources for Aboriyinal History of Spanish America," in Vol. 
XXVIl of the '* Proceedings of the American Associftliou for Advaucemeut of S'ct'ficc," 
X878) I have attempted a discussion of the nature of Mexican paintings, and of their 
value as sources of history. I will add here but two positive declarations, on the 
subjects of the ))aintings, which i had not noticed at the time the above paper was 
read at St. Louis, Misbouri, Aug , 1878. Juan de Sohrrzano- Pereyra ("Dinputdtionem 
de Indii.rtim Jure:* l(i2J), Vol. I, Lib. 11, cap. VJII, p. 3.a, § 9(5) : "Quod <le Fhoenicibus 
t adit etiam Lucanus, et in Mexicanis nostris expei-ti fuimus, qui si non litteris, 
imagiuibus tamen, et llguris ea omnia, quae sibi memoranda videbautur, sigiiificabant, 
et conservabant.'^ The other is of recent <laie, being taken from a discourse de- 
livered before tlie "Aoad^niia Mexicana." by my friend Senor J). J. G. Icazhalceta 
{^"Las Bibliotecas de Eguiara y de Beristuiv** p. 353 of No. 4. Vol. I, of '^AfemorUis de la 
Academia") : '• El antiguo pueblo que oeupaba ette sueloiio conocia las letras, y con eso 
esta dicho que no podia tener escritores ni literatura. Su imperfectisimo sibtema de 
repre^entar los objetos e ideas, tenia que limitarse a satisfacer, hasta donde podia, las 
necesidades mda ur^entes de la sociedad, sin asinrar 4 otra cosa. Asi es que no se 
empleaba sino en registrar los tributos de los pueblos, en sefiala^ los limites de las 

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In this rapid sketch, we have failed to find, among aboriginal 
modes of punishment, two which were common to ahnost every 
nation of the old world, namely : whipping, and imprisonment. 

Whipping, beating, or lashing was, among the Mexicans as well 
as amongst all American natives, known only as a deadly insult. 
It is nevertheless true that the Mendoza Co<lex contains pictures 
representing a Mexican father who applies to a son the rod of 
punishment.1^2 Again, the candidate for the ofllce of chief had 
to endure beating *^3 along with the other sufferings incident to 
his time of trial. But no '* bondsman " was ever whipped or 
flogged, neither was a cnminal subjected to this degrading penaltj^ 
for which death would have been a thousand times preferable. ^^^ 

The Mexicans had places of confinement — dark and gloomy 
recesses with entrances compared to '' pigeon-holes."^^^ Every 
oflScial building, and also the places of worship contained them. 
They were called: ''place of the taken one,** '*teilpiloyan ;"^^^ 
"place of entombment or confinement," '*Tecaltzaqualoyan,**^^^ 
and ''house of wood,** Quauhcalli.**!^^ The latter, which is par- 
ticularly described as a wooden cage placed within a dark cham- 
ber, was reserved for those whose doom was sealed, whether they 
were criminals sentenced to immediate execution, or captives to 

heredadcs. en i*ecordar las ceremonias de la relijrion. y en contribuir & conservar la 
rocmoriu dc los huccbos mas notables, que aim con ese auxilio habria }>ei*ecido, & no 
perpetiiarse en las iradicione^ i-ecoKidas por lo» primeroH predicadures del Evangelio." 

^*^ *' Afendoza Codex" (Kingsborough, Vol. I, plates LX, part 3), the boy being nine 
years old. 

i^^Afemfieta (Lib. 11. cap. XXXVIII, p. 151). Torquemada (Lib. XI, cap. XXIX, p. 
3«2). Cliivigero (,\Ah, VII, cap. XliL p. 472), etc., etc. 

><* It was no diuhonor to suffer loilures, but whipping was a deadly insult, as among 
other Indians. 

^** Mendietn (Lib. II, cap. XXIX, p. 138): "Tenian las cdrceles dentro de una casa 
oscura y de poca claridad, y en ella hacian su J lula 6 Janlas; y la pucrta de la casa 
que era pequeua como puerto de paloinar, cerrada por defuera con lablas, y ariimadas 
grandes piedra«." Torqwmadn (Lib. XI, cap. XXV, p. 35:i). 

**» Molina (II, p. 94), "teilpi" — el que prende o encaiccla a otro"— **teilpill«tli" 
** prendimienio tal." (Id. I, p. »8). '* lirender" " nlt»*ylpia." Among the 78 e<lifl:!C8 of 
the great central place of worship, Safutgun (Lib. II, Appendix, p. 210) mentions one 
place ** Acatlayiacapan Veiralpnlli'* *'ebta era una casa donde Juntaban los esclavos 
que habian de matar & homa de los Tlaloques." (Id., Lib. VIII, cap. XV, p. 304. Cap. 
XXI, p. :Wi)) mentions ''jails" in connection with the official house or *' tecpan." That 
the different calpulli or "barrios" Had each its places or conlinement is noticed by 
Durdn (Cap. XXI, p. 187): '*Lo8 calpixques los receuian y los ponian en las casas de 
fius comunidades 6 del sacerdote de tal barrio." 

»« Afolina (II. p. 91 ) : '* Tecalli " a vault, *• casa de IxSveda." Since the Mexicans had 
no arches, it meant actually a tomb. 

148 Molina (II, p. 8J) : ** Jaula grandc de palo, adonde estauan los presos por sus del- 

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be sacrificed forth with.^^^ The two former kinds of prisons were 
used for ligliter degrees of offenders. At any rate they were bnt 
temporary places of detention, for any prisoner left tliere for any 
length of time invariably died of hunger, filth, and bad air. Per- 
manent confinement simply meant death. ^^® 

The execution of all these penalties necessarily presupposed 
for the kin a regulated administration. It therefore leads us to 
the governmental machinery proper of the calpuUi. The nature 
of this government is expressed by the following rule of kinship, 
already found in vigor among more northern Indians. 

The kin had the right to elect its officers^ as well as the right to 
remove or depose them for misbehavior,^^^ 

This at once establishes the calpidli, as we have already stated 
in several places, to be an autonomous body, enjoying self- 
government, consequently a demochatio organization. The truth 
of this we intend to show by an investigation of the different oflS- 
ces to which the care of the kin*s business was committed. 

A council^ consisting of a number of old men, formed the high- 
est authority of the calpuUi. How many they were is not slated, 
but it is probable that their number varied according to that of 
the members of the kin. Medicine men may, also, have been 
members of this body, which held its meetings at intervals in the 
oflficial house of the '* quarter." It exercised criminal jurisdiction 
as well as civil, and attended to ail grave questions affecting the 
kinship. It is also stated that, on certain occasions, a general 
meeting of all the members of the calpuUi was convened. ^^^ 

"»No better illustrntlon of the "Quauhcnlli" can be found than that given by H, H. 
Bancroft (" Native Races," cap. XIV, i». 453. Volume II). 

ISO The cruel nn<l unwiiolesome nature of aboriginal places of detention previous to 
the conquest is amply stated. As it U very justly remarked by Afr. Bancroft (Vol. II, 
p. 453) : "They ha<i prisons, it is true, and very cruel ones, according to all accounts, 
but it appears that they were more for the purpose of confining prisoners previous to 
their trial, or between their condemnation and execution, than peimanently, for punish> 
ment." To tlie authorities quoted by the celebrated Californian, I will add here in 
further support of his views (and mine), Gomnra (Vedia I, p. 442): '• carceles eran 
bajas, Iiiimedas y escuras, para que temiesen de entrar alll." Vetancurt (Vol. I. Part 
II. Trat. II, cap. I. p. 370). Teznzomoc (•' Cronica '* cap. XCI X, p. 176) : ** manddles Uevar 
& la canel 4 todos, que llamaban cuaucalco, que era 4 manera de una caja, como cuando 
entapian ahora alguna persona, que les dan de c<5mer por onzas." 

w. ''Ancient Society** (Part. II, chapter II, pp. 71, T2, and 73. Chap. VlII, p. 225, 
Cap. XI. pp. 285 and 2J)7). 

"« It is singular that this council of the kin or '* gens," while some parts of its func 
tions are pres^ervod in nearly every author, has as a body been so genet ally overlooked 
Znritn (pp. 65 jind 5(J) says: "tlie chief does nothing without consulting the other old 
men of the calpulli." Indirect evidence of it is given by Suhagun (Lib. II, cap. 

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This council however, while it thus united both the highest 
admtuistrutive and judiciary powers, required other officers for 

XXXVir, |>. ia">), m his doscription of the feast of the month "Iz^'alll." These ••old 
nieu" reappear ai^ain in conneciion with celebrations affecting the calpiiUi. at least 
occasionally. This council however, htill exinteil at a recent d.-ite (1871) among the 
natives of Guatemala. Sr. D. Jutn Gamrreie of the City of (juatenial.i (L:i Nucva) 
writes to me under date of lUh M;iivh, IH7H: '*Cuando en el pueblo hay varias parci- 

alidades 6 calpules, cada u;ia de ellas tiene su calrul 6 cont<ejo de cierto 

niimero de Ancianos y estos reuuides eli;?en las Autoridados comnnes del pueld<», noni- 
br.indo t:unbien aluahle'* suluiiteruos para las divcr-tas parcialid.ides." In his Ijitrodnc- 
tiun to the • /icU Ejecutorii" (Col. de Do.-. II. j.p. XII and XIM), the late Sr. Jitse F. 
Ramirez attributes tlie creation of an cie<aive munitMp il eouucil to an act of p<1ficy of 
the Spanish government. It is «dear, however, from the authors of the XVlth century, 
e!-peclally from Zurita. that this ••democratic element*' (••el elemento democratico " as 
Sr. Ramirez calls it;, was an uboriyinal one. Therefore the coum-il 8till subsir^ting in 
Guatemala is an original feature, with changes in names and functions, made to 
suit tlie laws of .Spain. liamirez de Fuenletil (Letter of ;^d Nov., 1.W2. }>t Recucil, p. 
24U), mentions "other oflicers called ttejo$ (old men)" in "each quart«*r or as they 
were ni»w called. pMrishes." The following quotation from Juan de Sohtrzano (''De 
Iinliarum Jure, *^ \'ol. II, lib. l.cap.XXIlI, pp. '210, §21). is of interest up<m t!ie question 
raised by Sr. Ilamirez: "In Nova quoque Hi^pania. cum hae re<luetiones. qu as ibi Ag- 
gregntiones vocant, i praestanti illo, et )m udenii Duce Ferdinando Corlcsio stab lit to, 
et constituite fuis^ent, et ])ostea, teint*oram. et Hispanoruin iiiiuriae, valde collapsae, 
ac subvei'sae; alias deuo fieri et factas im-taui'ari eur.tvit Kxcellentis^imus ille. et 
I'ijissimus Prorex Canes de Monte Uegio, scheduli^ etiam, et provi-ioniwus Rcgijis 
bil>e ad hoc demandaiis, morem gerere cupiens: in quibus tamen exequendis, magnae 
difieultates, et Indoruni stniges experlae sunt, quia eorum aliqui voluntario suspcndio 
vitani tinire maluerunt. quan in debignata sibi municipia reduci." This was publi&hed 
in l(i:i9." 

In all likelihood there was no regular time of meeting of these "old men." They 
met as emergency required, and as they were calhd to;relher. There is even a trace of 
a genenil meeting of the inhabitants of a cjdpulli. in Zurita (p. G'2): •• Dans ces circon- 
stances, les habitants du calpulli se reiiiu^sent |Miur Iraiter les interets comniuns, et 
regler la repartition des impots, etc.*' Wc thus witness in the calpulli the following 
methods of exeicising autlnuity : through the joint meeting of all its members for the 
discu8si(»n of m;ttlers affecting tlie whide eommuidty, through the "old men" con> 
trolling the regular business, and, throu;:h whit tlie older authoriticg called "chiefs" 
or executive officei'S, of whom I shall treiU hereafter. An imporUmt question remains 
to be examined here namely : whether the cal|iulli really had, as I have asserted, 
criminal Jurisdiction over its members, or whether this pertaiuied to higher officers 
or 8o-calle<l •• tribunals." 

Agaiuht the assumption, that questions of life and death could be decided by the 
"qu.trters," " banios," or '"calpulli." there is we confess it. apparently weishly evi> 
dence. In oiiler to examine this vital question critically. I am compeHed to talie each 
author by himself, comparing his various btatements (if there are more than one) on the 
same subject with each other. I must premise, however, that neither Citrt^t, nor 
Andrea de Tdput, nor Bernal IHez de CatWlo mentions having seen any one judged and 
condemned by the head-war-chief of the Mexican tril»e. This, however, may be a 
simple omission on their part. 

Sahagun (Lib. VIII, cap. XXV, p. 314): "y los cases muy dificnltuosos y graves, 
llevabaidos al senor para que los seutenciase. jiintaincnte con Irece principj-les muy 
calillcados, que con el an<laban, y re>idian. Estos titles eran los mayore^ jueces. que 
ellos llamaban tecutlatoque : estos ecsaminaban con gran diligencia las caut-a>< que ibau 
a sus nianos; y citandoquieraque esia audiencia que era la mayor, senteiiciaba alguno 
& muerte. luego lo entreg iban a los eje iitcnes dc la jn-ticia." Tints far tlie juri.-'dit tion 
of the tribal oflicers only comes into play. But the same autboi also mentions (he 

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everyday business, who should at the same time be tlie executors 
of its decrees. Of these oflScers there were two, both strictly 

power of certain officers of the kin to kill in punishment of certain crimes, (Lib. Ill, 
Appendix, cap. VI. p. 271). If a young man was caughi drunk : " castlgabanlc dandole 
de palos hasta niatarle, 5 le daban garrote delante de lodos r^unidos." This being 
done in the case of a youth committed to the '* telpuchcalli," it necessarily follows 
that the power to punibh by deatli, was vested in the kin to which the particular ** tel- 
puchcalli " belonged. 

Zuritaip. 101 and lOB) intimates rather than asserts, that all gnive matters, includ- 
ing lile and death had to be submitted to the highest ''court of appeals," "les douze 
juges d'appel" over which the king presided. But he does not ^tate that this body 
had exclusive jurisdiction. 

Gomara (Vedia I, p. Wi, " ConquUta") evidently mistakes in confounding the gath- 
erers of tributes with Judicial officers and says nothing in regard to criminal jurisdiction. 
His statements will be examined elsewhere. 

Merniieta (Lib. II, cap. XXVIII, pp. 131-13(>) says that all the ''Judges'' remained in 
the official house pf each tribe: "cada uno de ellos en su propio palacio tenia sus 
audiencias de oidores que deterniinaban las causas y negocios que se ofrecian, asi 
civiles como criminales, repartidos por sus salas, y de unas habia apelacion para 
otras." Further on he says that every eighty days ''se sentenciaban todos los casos 
criminales. y duraba Chta con»ulta diez 6 doce dias." TorquenuicUi (Lib. XI, cap. XXV, 
pp. 3.52 and 353) is remarkably indefinite on the point. To him, the tribal officers alone 
appear prominent in the case. (Cap. XXVI, pp. 354 and 365), however, wherein lie fully 
treats of the judicial organization of Tezcuco^ enables us to discern the separ.ite juris- 
diction of each CHlpulli. The textual rendering of the whole chapter would be too 
lengthy, and I must therefore confine myself to abstracts. He begins by saying that, 
while Tezcuco had fifteen '• provinces " subject to it (•' sujetas a su Senoria "), *' not all 
of them had supreme Judges " (•• pero no en todas huvia Jueces de e?tos inmediatos, y 
Supremos"). Therefore it was ordained, *' that there should be six courts ("audien- 
cias"), like chancery-offices ("como chancillerias") in six particular pueblos, to which 
all the other sai<i Provinces were reduced, and to them they applied from all over the 
kingdom." He further states that at each of these houses (which he subsequently calls 
" tecpans ") were stored the " royal tributes : " " se recogian tudos los Tributos Reales, 
por los mismos Jueces." Besides, there were " four Judges" at the " palace," and at 
each of these six •• courts," two " Judges " and one " executive officer " (alguazil). 

From further details given, it follows that these six " pueblos " were so near to the 
official house of the tribe, as to make ic more than likely that they were the six 
CulpuUx of Tezcnco, mentioned by Jxtlilxochitl {,\2th '* Jielacion^* or '* IHntura de 
Afexioo," Vol. IX of Kingsb<n*ough, p. 387) as having been et^tablished by " Fastmg 
wolf" (NezahualcoyotI), which story he repeats in the '* Hisioire des Chichimequea** 
(Cap. XXXVIII, pp. 263 and 204). 

The description of Tezcuco by Torquemada (Lib. Ill, cap. XXVII, p. 304) : " pero no 
se ha de entender, que toda esta Caseria estaba recogida, y junta; porque aunque en su 
maior parte lo estaba, otra mucha estaba repartida, como en Familias, y Barrios; y de 
tal manera corria esta Poblacion, desde el corazon de ella (que era la Morada, y 
Palacios del Rei) que se iba dilatando, por tres 6 quatro Leguas," shows that the 
calpulli of that ancient pueblo were scattered over a great expanse. At the close of 
the 17th century (161)0, about) it is stated by Vetavcurt (" Cronica de la Provincia del 
Santo Kvangelio de Mexico^** pp. 159 and 16U), that, besides the "city," there were "29 
pueblos de visita, en cinco parcialidades repartidos." All this corroborates our 
assumption : that the six "pueblos" of Torquemada were in fact but the six " barrios" 
or kins, each of which exercised, for itself and through its officers, crimiiKil jurisdiction 
over its members. 

There is no need of proving the fact that the several tribes of the valley had identi- 
cal customs, and that their Institutions had reached about the same degree of develop- 
ment. It is even asserted by some {Prescott, Book I, cap. II, p. 30) that " In Tezcuco . 

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elective and therefore liable to be deposed, one of whom repre* 
sented more properly the administrative, the other the executive 
(consequently military) authority. The first one of these was the 
*'calpullec" or **chinancallec ;"^^3 the second, the "elder brother" 

the Judicial arrangfements were of a more refined character.** If now, as I have shown, 
the council of the Kin exercified power over life And death among them, it certainly had 
the same power among the ancient Mexicans. Besides, the same thing is inferable fVom 
the nature of many of the crimes punished by death. Conspicuous among these ara 
the cases wherein tenure of lands became aflre<>.ted. If a meml>er of the kin changed 
the limits of a '* tlalmilli,** it was a crime over which the calpulli alone had Jurisdic- 
tion, and the same occurred if any one member neglected to attend to the lota of 
children placed in his care. We have seen that in both Instances the penalty was death. 

It is of coarse understood, that this power did not go beyond the limits of the kin 
and of such outcasts as were attached to its membera. Over members of other kins it 
bad no Jurisdiction. The adjustment of matters between kin and kin l)ecame exclu< 
sively the duty of the tribe. 

One of the most characteristic remarks, however, on the general functions of the kio 
is that of Zurita {*' Bapportj" etc., p. fl3): "Finally, what is called in New Spain Cal- 
pulli, answers to what among the Israelites was called a tribe.*' 

168 Zurita {,*'Jiapport,** p. 60) : »• The chiefs of the third classes are still called Calpul- 
lee in the singular, and in the plural Chinancallec, that is to say : chiefs of very ancient 
race or family, fVom the word Calpulli or Chinancalli, which is the same, and signi^es 
a quarter {barrio) inhabited by a family, known as of very ancient oiigin, which for a 
long time owns a teri'itory with well defined boundaries and all the members of the 
same lineage.** This statement is copied by Herrera (Dec. Ill, lib. IV, cap. XV, 
p. 135), with the exception that he omits the names, substituting that of "pariente 
mayor.'* In regard to this it is added by Zurita fpp. 60 and 61): **The calpullis have 
always a chief necessaiily in the tribe. Ho must be one of the principal inhabitants, an 
able subject who can assist and defend them. The election is made among them. They 
are much attached to him, as the inhabitants of Biscay and of the mountains are to 
him who is called pariente mayor. The office of these chiefs is not hereditaiy : when- 
ever one dies they elect in his place the most respe<*^ed, the ablest and wisest old man. 
If the deceased has left a son who is qualified, he is chosen, and a relative of the for- 
mer chief is always preferred." /Tcrrero (Id. p. 185). 

Although the above two authors speak but indefinitely of the "chief** of the calpulli, 
it is likely that they mean two chiefs, one of which is the calpullec, and the other the 
teachcauhtin. Thib is indicated by the name of "pariente mayor.** Zurita does 
not say, according to Mr. Ternaux's translation, that this oliief was thus called, but 
Herrera, who copies him, writes very distinctly: "que llamnban parientes maiores.**^ 
Now, according to Molina (II, p. 91), "teachcauhtin" signifies elder brother. Torque- 
mada (Lib. XIV, cap. VI, p. 54i) gives to each "barrio 6 parcialidad'* two officers, 
namely, a calplxqui or gatherer of tribute or stores, and a " regidor, un Teouhtli, que 
se ocupaba en executar lo que mustros Regidores execntan, y hacen.** But it ia plainly 
evident, from the details given by the celebrated Franciscan^ that he has lost sight of 
the peculiar position of officers of a Artn, and looks to tribal functions and offices. £lse, 
how could he assert of his " Regidor" that he was always in the " palace:" "y todos 
los Dias se hallnban en el Palacio, 4 ver lo que se les ordenaba, y mandaba; y elles, 
en una grande Salar que Uaman Calpulli, se Juntaban, y trataban de los utgodoa 
tocantes & su cargo.** 

"Z)e Vordre de 8u>eeession ob»ervi par les Indiens ** ("1st Recucil" of Ternaux, p. 226) : 
<^quant an mode adopts pour ifegler la Juiidiction et I'^ection des aleades et des r^gidors 
des villages; ils nommaient des personnes notables qui portnient le titre de ackcacau* 
litin qui est un nom de charge, comme l*est anjourd'hui celui d*alguazil. Les tribn- 
naux de ces officiers ^taient ^tablia dans la oapitale.'* . . * '*I1 n*y avait pas d'autres 
Elections d'affloiers.'* AuA ftirthet on the same doeumeot says (p. 227) ; ^'Ces aehcacan-' 

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**teachcaiihtin" or " achcacauhtin." ^^ Both were, in turn, e3t- 
officio members of the council itself.^^^ The "calpullec" or 
" chinancallec " was, in fact, what is still known among Indian 
communities of Mexico, Central America and New Mexico, as 
the ** governor;" or rather his office was, for the A;m, what the 
office of "gobernador" now is for the whole tribe,^^ Upon his 

litis, c*est ainsi qii'on lea nommait, remplissaient les fonctions d'alcade. Pour le 
moindre petit vol, c'est a dire pour avoir d^rob^ seulemeht du niais, ils condamnaient a 
la potence.*' Tire siiij^ular feature is here asserted to exist, tiiat the same officer slioiild 
have been Judge (•'alcalde") and executioner of his own decrees ("alguazil"). We 
meet also with the flagrant contradiction of "alguazils," elected for the villages, but 
whose courts residied **at the capital." Everywhere the same lack of distinctness is 
witnessed ; the confusion between aboriginal institutions and Spanish organization is 

Sebasti m Ramirez d^Fuenleal (•* Lettre," 3 Nov., 1532, p. 247) gived quitfe H dear pic* 
ture of the ''calpulli,'' adding: '^Ces contribuables ont un chef eldes commandants'^; 
(p. 249) : *• lis ont parmi eux des officiers que nous appelons principales (chefs) ;Uy ena 
deux daiis chaque quartier qui portent at^ourd'hui le nom de paroisses.** 

Finally, I refer to what has been said in the preceding- note (152) about Tezcuco and 
the two officers of each so-called "pueblo." The fact that there were two of them is 
thus fully estnblished, likewise that of their election; and as for their titles, they are 
found in the quotations just referred to and copied. 

It is further confirmed through a statement of Vetancurt C^Teatro Mexicano,^ Vol. I, 
p. 371): "en cada parcialidad, que Uamaban calpuUi y ahora tlaxilacalli; habia uno 
como regidor que Uamaban teuhtli : estos asistian k palacio todos los dias & saber loque 
el mayordomo lesordenaba; ^stos entre si elegian cada ano dos en lugar de alcaldes, 
que Uamaban tlayacanque y tequitln toque, que ejecutaban loque por los teuhtles se los 
mandaba; y para ejecutores tenian unos alguaciles que hoy Uaman topile." 

The term " tlayacanqui" is defined by Sahagun (Lib. II, cap. XXIX, p. 143) as "cua- 
drillero." Afolina (II, p. 120) has •« tlayacantli," " el que es regido, guiado, y gouernado 
de otro, o el ciego que es adiestrado de alguno" (" Tlayacati," " cosa ]»rimera, o delan- 
tera"). Torquemcida (Lib. XIV, cap. VI, p. 545) calls the Tlayacanque "en lugar de 

"*AfoWno(I, p.66). 

165 xhis results iiecessarily from the duties of the officers alone, as permanent repre- 
sentatives of the council of the kin or calpuUi. 

168 The "Gobernador," as we shall hereafter see, was the successor to the "Cihuaco- 
huatl," according to the Spaniard's notion of the nature of the hitter's office. It is very 
interesting to notice that the "Cihuacohuatl" was, in the tribal government, the exact 
counterpart of the "Calpullec" in the kin. I am indebted to Sr. Don Juan Oavarrete^ 
of the City of Guatemala (la Nueva), for the following de<scription of the office of 
" Gobernador," as it is still found among the aboriginal settlements of Guatemala. 
This gentleman, (whose name is associated with that of my friend Dr. Valentini, in a 
noble eflfort to preserve the historical treasures of his country), writes to me under date 
of 14th of March, 1879 : " Los pueblos formados por la anliguos misioneros d por los 
conquiHtadores, y que son los que subsisten hasta el dia de hoy, han sido siempre gob- 
ernados por un Gobernador vitalicio elegido entre las familias nobles de la tribu 
{cacique), y un consejo & la usanza espanola compuesto de dos Alcaldes, cierto niimero 
de consejeros Uamados Regidores entre quienes se distribuyen las comisiones de 
servici publico y un secretario. * 

*'La dignidad 6 cargo de Gobernador, para la cual elegian en nombre del Rey los 
antiguos Capitanes Gencrales y despues los Presidentes de la Repiiblica, es muy apete- 
cida por los indios nobles y mientras el que la egerce no d4 motivo por su mala con- 
ducta para ser removido puede contar con la perpetuidad y aun con dejarla ft sua hijoft 

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death "they elected, to fill his place, the most respected old man, 
the most able and most popular." It appears though that the 
choice often fell upon a son or near relative of the deceased, 
provided he evinced sufficient ability'. ^^^ 

It was the duty of this officer to preserve a plat of the territory 
dwelt upon by the kin, showing the location of each '* tlalmilli," 
of the official tracts, of those of the "houses of the youth" and 
of worship ; if the latter two were not, as we suspect, perhaps 
identical. These simple records he had to renew from time 
to time, according as mutations or additions occurred. The 
stores of the kin were under his supervision, though he could 
not dispose of them at his pleasure, but only for public purposes. 
Thus, aside from the presents, which always had to go with any 
public act of importance, it was his duty to provide, out of those 
stores, for everything requisite for the numerous religious and other 
festivities.^^ He had, under his inamediate orders, the ** stewards," 
"calpixqui," which attended to the details connected with the 
gathering, housing, and dispensing of all supplies. ^^^ It is prob- 

8i Io8 tiene capaces de egercerla ...... El cargo de Gobernador traia consigo los 

priviligos de usar Dorij montar a caballo usar baston y tener nna numerosa 

nervidumbre, no tenian Jurieidict'ion civil, pues esta competia ft los Alcaldes, pero 
si la tenian en lo criminal en los d^litos leves, siendo su poder principal sobre lo econ- 
drmigo y gubernativo." 

!»' Zurita {*' Rapport,** etc., pp. 60 and 61). 

i^^Zwita {''Rapport," etc., pp. 51 to 66). Copied in a condensed form by fferrera 
(Dec. Ill, Lib. IV, cap. XV, p. 134). 

169 Xhe term ''calpixqui," gatherer of crops, is so indiscriminately applied that it 
becomes necessary to investigate what class of officers were really meant by it. In 
general the "calpixca" were sent to subjected tribes, as representatives of their 
conquerors. For each such officer abroad there was one in the pueblo of Mexico, to 
receive and to house the tribute whicii the former collected and sent. The calpulli or 
kins, however, needed no officer of the same kind properly, because they owed no trib- 
ute to the tribe. The assertion of Torquemnda (Lib. XIV, cap. VI, p. 646): "que el 
Maiordomo maior del Rei, se Uamaba Hueycalpixqui, ft dlferencia de otros muchos, 
que havia, que se Uamaban Menores; poVque tenia cada parcialidad el suio," applies 
in this case to the tax-collectors and stewards themselves, and not to the stewards of 
the kins. The confused notions about the true nature ol the office is also thown in 
the name of the official house. It is called by Torquemada alternately "tecpan," *^cal- 
pul," finally also "calpixca, que era la casa del comun del Pueblo," (Lib. XIV. cap. I, 
p. 634). In confirmation of what has already been said in •• Tenure of Lands " (pp. 413-428), 
I here refer to Zurita (pp. 236-242), "Z)e VOrdre de succession** (p. 229), Motolinia 
et d*Olarte (''Lettre," 27 Aug., 1554, pp. 403-106). We must never forget that tribute or 
tax was only due from a conquered tribe to its conquerors. No reference is made any- 
where to tribute or tax gathered inside the pueblo of Mexico, but Tlatilulco, however, 
was obliged to pay a certain contribution (Durdn, Cap. XXXIV, p. 270). 

Nevertheless, the term "calpixqui" is found applied very distinctly to an ol^ce of 
the kin. Durdn (Cap. XXI, p. 186) calls them " mandoncillos de los banios.*' With 
equal propriety the calpixca are termed " goveniors " and ** captains." It only proves 
that, while each kin had its stewards, they were under the direction of a " mandon," 

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able that be bimself, appointed the stewards subject to approval 
by the council. ^^^ Aside from these subalterns, the "calpullec" 
had his runners and attendants, mostly members of the house- 
hold, perhaps '* bonded " people. His judicial power was limited 
to minor cases, and it is more than doubtful if he held, alone, any 
authority to decide upon matters of life and death. But it is 
stated on high authority, that it was the duty of this oflScer, 
" to defend the members of a calpuUi, and to speak for them."^^' 
We may be permitted to inquire, whether this, perhaps indicated, 
tliat the '' calpullec '* was also the *' tlatoani " or speaker, who 
represented the kin in the tribe's supreme council. This must, 
however, be answered in the negative, for the obvious reason that 
he could not be in two places at the same time. The kin's oflScial 
building was assigned to him as a residence, that he might be 
there on duty always^ consequently he could not spend his time 
outside of it at the official house of the tribe. ^^^ Alongside of 
this officer (who corresponds almost to the '* Sachem " of north- 
eastern tribes), we find the "elder brother" — " teachcauhtin," 
*' achcacauhtiu," or through corruption, *' tiacauh. * He was, as 
already stated, the kin's military commander or war-captain, and 
the youth's instructor in warlike exercises ; but besides he was 
also the executor of justice — not the police magistrate, but the 
chief of police (to use a modern term of comparison) or rather 
'' sheriff" of the calpulli.^^^ As military commander he could 

or superior officer. This could only be the " calpullec," since it is positively stated by 
Zurita (p. 62) : "car lors des assemblies aniiuelles, qui sont tr^s nombreuses, il distribue 
gratuitement des vivres et des boissons." This had to be done out of the stores of the 

The tei-m •' tequitlato " is probably equivalent to " calpullec.** It is derived from " nl- 
tequiti," to work or pay tribute ( .l/bZma, II, p. 105), and " ni-tlatoa,'* to speak {Id., II, p. 
140); therefore "tributary speaker,'* or "speaker of tribute." But this is only used 
n the case of subjected tribes, where the "calpullec" was the one who cared for 
the tribute due by his kin, even collecting it. See Fray Domingo de la Anundacion 
(^^Lettre,*^ Chalco 20 Sept., 1554, in 2rf Becueil, p. 340), " les tequitlatos ou percepteurs." 
Sahngun (Lib. VIII, cap. XXXVIII, pp. 32{*-332) devotes a whole chapter to "De los 
grados por donde subian hapta hacerse Tequitlatos," without saying, however, what 
the lat^^er means. I suspect it to be intended for '* Tecuhllatoques." 

w This may be inferred from the nature of the office. 

i«» ZuHta C'liapporV^ etc., p. «2) : " II a soin de d^fendre les menibres du calpnlli, de 
parler pour eux devant la justice et les gouverneurs." 

16S «. Tenure of Lands " (p. 410 and note 52). Zurita (p. 266). 

i«3It has already been shown that " achcauhtli," "achcacauhtli," and "teachcauh- 
tin " or " tiacauh " are synonynip. I refer to '^Art of War^^ (p. 119 and note 91) in regard 
to the various and contradictory notions about the nature of the office. Still, the pre- 
vailing idea is that, besides being the " teachers " and the " captains," they also were 
the '* executioners " of the kin. '*De Vordre de succession " (p. 225) : " ils nommaient des 

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sf^aoiiit his subi^lterii8 in the field, and aa exeentor of justice he 
had the same privilege while at the pueblo. The ^^ teachcauhtin," 
thei^fope selected hi» <>wa assistants and runners. Accompanied 
by them .and carrying his staff- of office, whose tuft of white 
featbera intimated that his coming might threaten death^^^ the 
^'eWei'.brothw" circulated through his calpulli, preserving order 
and quietness in every public place thereof. If he found or heard 
of any' one committing a nuisance or crime> he could seize him 
forthwith and have him carried to the official bouse, there to be 
disposed of as the custom and law of the kin required. But it is 
doubtful whether, except' in extraordinary instances, he was 
authorized to do justice himself without the council's knowledge 
and consent. 16^ 

t Ere we pass over now from the functions of the kin to those of 
the ancient Mexican tribe, we must however dwell at some length 
on a peculiar institution, yet shared by the Mexicans in common 
with Indian tiibes in general. We refer to the rank and dignity 
of CHIEF among them. Chieftaincy and office are far from being 
equivalent.- The former is a purely pei-sonal, non-hereditary dis- 
tinction, bestowed in rewai-d of merit only, whereas the latter is 
a part of the governmental machinery. ^^ Hence it follows that 
a chief might fill an office or not, and still remain a chief, whereas 

personnes notables qui portaient le titre de achcacaulitin qni est iio nom de charge, 
comme Pest aujourd'hui celui d'ulguazils/' Sahagun (Lib. VlII, cap. XVII, p. 305) 
calls the Achcacaiihtli *'(d verdugos) que tenian cargo de matar a los que condenaba 
el s^uor." Torqu^ma4a (Lib. XI* cap. XXVI, p. 355), " Uamabanse Achcauhtli, que qutere 
4ecir maiores." There is hardly any doubt as to their functions. 

}** White was the color of death. (Bleaching skulls and honest) This is amply 
proven by their mode of declaring, or rather announcing, war. The custom of carrying 
" sftaifs of office" is well established. 

«» TorqMemada (Lib. XI, cap. XXVI, p. 355). Clavigero (Lib. VII, cap. XVI, p. 482, 
calls those ** who arrested *' delinquents ^Hopilli." But this word means simply " rod 
or baton o£ Justice, etaif. etc." {Molina^ II, p, 1.50), and not office. Tliere is no evidence 
<th«t these officers might kill, witliout previous decision of the council, except perhaps 
4n 4he great market place. Cortia {;* Carta Segwuda^'^ Vedia I, p. 32) : •' Hay en la dicha 
4>lflza otra^.p^rsonas que andan continue entre la gente mirando lo que se vende y 
laa medidas con que miden lo que venden,.y se ha visto quebrar alguna que estaba 
falsa." Oviedo (Lib. XXXIIl, oap. X, p. 301) copies Cortes, adding, however, *^6 quie* 
bran lo que est& falso, 4 penan al que usaba dello." Bernal Diez de CastiUo (Cap. 
XCII, p. 89) simply renuuks : ''y oti-os como algnaziles ejeoutores que miraban las mer- 
cad^rias," (Vedia, Vol. II). I hardly need any reference in regard to the manner of 
acting and mode of appearance of the *'elder brothers." Their functions of ^'police" 
ju'e repeatedly described in the older sources. 

i««X. H* Morgan i*-* Ancient Society," p. 71) : "Nearly all the American Indian tribes 
Jiad two grades of chiefs, who may be distinguished as sachems and common chiefs. 
Of these two primary gradee all other grades were varieties. . . . The office of sachem 
:Wi^S: hereditary in the gens, !»the sense that it was filled as often as a vacancy occurred; 
while the office of chief was non<hereditary, because it was bestowed in reward of per- 

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it was not necessary to become a chief in order to fill certain offi- 
ces. Still it is evident tliat, as chiefs were always men of peculiar 
ability, the higher charges were generally filled by chieftains. 

The title and rank of "grandfather" ("Tecuhtli,")!^? which 
was the Mexican term for chieftain in general, was open to any 
one who strove to deserve it. It was conferred : 

1 . In recompense for warlike prowess, and actions of personal 
intrepidity and superior shrewdness. Courage alone could not 
secure it ; therefore the " distinguished braves " were not always 
chief s.^^® 

2. In reward for actions denoting particular wisdom and sa- 
gacity, and in acknowledgement of services in the councils, or 
as traders.i^^ 

8onal merit, and died with the individual." I have selected the term " officer** as a sub- 
stitute for Mr. Morgan's ^'sachem^'*^ because the latter is a nortliern Indian word, whereas 
the former, while it expresses ^tbe nature of the cliarge and dignity, is more widely 
Jknown, and therefore better understood. It is out of the union of the attributes, 
of both officer and chief, that nobility and monarchy have been claimed to exist. 
Among' the Mexioans, in fact among the raot^t highly advanced Indian tribes (ihe Inca 
of Peru not excluded), the dignity of chief was still a personal matter, and not neces- 
sarily connected with office. The chiefs are the "knights," mentioned by Garci- 
latdo de la VegaC'JHstoire det Yncat,** Lib. VI, cap. XXIV, XXV, XXVI) and Herrera 
(Dec. V. Jiib. IV, cap. VII, p. 63; Lib. IV, cap. I, p. 83). With the Muyscasof Bogota, 
compare H. Tertiaux-Compans C^Vancien Cundinamarca," § XXVII, pp. 57 and 58). 
Oviedo y Vttldia (Lib. XXVI, cap. XXXL p. 410). Herrera (Dec. VI, Lib. V, cap. VI, pp. 
116 and 117). Compare also, in regard to the dignity of *• military chief" among the 
wild tribes of the Eio Orinoco and of its tributaries, P. Josi Oumilla " Histoire natu- 
reliey civiley et g6ographique de P Or^tioque,** translated by Mr. Eidous, 1758, (Vol. II, chap- 
ter XXXV, pp. 280-292). Very important. 

i"ifoK»a (II, p. 93), "ahuelo," "tecul." It evidently should be "abuelo," and is 
therefore only a misprint. The older reports have the word "tecle," and only the later 
writei's (those after the year 1580) begin to write it "tecutli," "tecuhtli," "teuctli." 
Whetlier the "teules" meant really "gods," or rather **tecuhtin," as plural of "tecutli," 
is yet doubtful. It Ls almost a truism to recall here the Roman '* senex," and the 
iierman "grave" or "Graf." Among American tribes we have, in QQuich^, "auia" 
old, "ahau,"— chief; in Maya, "Hachyum,"— father, and " ahau," — chief — also 
" achi," — brave. 

^^^Sahagun (Lib* VIII, cap. XXX VIII, pp. 32^-332): "De Los grados por dondo 
subian hastu hacerse Tequitlatos," especially (p. 331) : " y 4 los que por si prendian 
cuatro cautivas, mandaba el rey que los cortasen los cabellos como 4 capitan, llamal- 
banle tal diciendo .... el capib^n mexicatl, 6 el capitan tolnaoacatl, i!i otros nombres 
que cuadraban a loaoapitanes. De alU adelante fie i>odian sentar en los estrados que 
ellos usaban de petates ^ icpales en la sala donde se sentaban los otros capitanes y 
Valientes hombres, los cuales son primeros y principales en los asuntos, y tienen bar- 
botes largos, orejeras de cuero, y borlas en las cabezas conque estdn compuestas;" 
Zurita (" Itapport,^* p. 47): *• Les chefs qui, conime nous I'avons dit, se nommaient Tec 
Tecutzcin, ou Teutley an pluriel, n'exer9aient le commandement qu'ft vie, parce que les 
souverains supr^mes ne les ^levaient & ces dignit^s qu'en recompense des exploits 
quMls avaient faits ft la guerre, et des services rendus k T^tat ou au prince";. Mendieta 
(Lib. n, cap. XXXVIII, p. 156). Torquemada (Lib. XI, cap. XXIX, p. 361). Clavigero 
(Lib. VII, cap. XIII, pp. 471 and 472), and others. 

^^ Zurita (" Rapport** p. 47). Sahagun (Lib. IX, cap. II, p, 342) : " Estos mercaderes 

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In both the above instances (or kinds of instances) actions of 
particular merit facilitated, at least, the acquisition of the tit'e ; 
but it could, also, be obtained : — 

3. By the observance of rigorous and even cruel rites of " medi- 
cine" for a stated time, which put the courage, fortitude, and self- 
control of the candidate to the severest tests.^^^^ Although a 
detailed account of these rites might perhaps be withheld for a 
subsequent sketch of ancient Mexican worship, yet they equally 
deserve a place here. 

The candidate appears to have been presented at the great 
central place of worship by the representatives of his kin, per- 
haps, also, by the other chiefs of his tribe. There he underwent 
four days and four nights of the most cruel torments. While 
but little nourishment was allowed him (some went even so far 
as not to eat an3^thing at all during this time), his blood was 
drawn freely, and no sleep was permitted to settle on his weary 
eyes. From time to time he was exposed to taunts, to injurious 
words, to blows and even to stripes. While he was thus hungry and 
thirsty, weakened from loss of blood through self-sacrifice, others 
ate and drank plentifully before his eyes. Finally, his clothes 
were torn from his body, and with nothing on but the breech- 
cloth or diaper, he was at last left alone at the ** calmecac," there 
to do the rest of his penance. When these four initiatory days 
were past, the candidate went back to his calpulli, to spend the 
remainder of the time (about a full year), in retirement, and 
abstinence, frequently attended with more or less self-inflicted 
bodily suffering. When the kin had secured the necessary amount 
of articles to be offered up in worship, or given to the medicine-men, 
officers, chiefs, and guests attending the installation, this final so- 
lemnity was allowed to take place, provided always that the courage 
and personal strength of the novice had not forsaken him. Another 
period of fasting, sacrifice, and torture, similar to the one at the 
opening of the career of preparation, closed the probation. Some 
of the ordeals were again of the most trying nature. Finally the 
store of gifts was distributed ; eating and drinking alternated with 

eran ya como caballeros, j tenian divieas particiilares por bus hazanas." . . . Fray 
Alonzo de Montu/iir {* 5u/?pM<7tte,"etc.,30Nov.,155l. " Trei zieme relation cPIxtlilxochitl,*^ 
Appendix, p. 257). *" Des Ceremonies observees autrefois par les Jndiens lorsqu*ils 
faisaient un Tecle,^^ (let '♦ Recueil," p. 232). Mendieta (Lib. \l, cap. XXX VI II, p. 156). 
"* Gomara (•• Conquista,** Vedia I, p. 43.5). '' Des Ceremonies ohserveeSy^* etc. (pp. 232, 
etc.). Jlfenrfteto (p. 156). TorgMcmoda (Lib. XI, cap. XXIX and XXX, etc.). 

Repout Pkabody Museum, II. 41 

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solemn dances to the monotonous rythmic noise called Indian music. 
The candidate was, at last, once more dressed in becoming apparel, 
and could recuperate, being himself now the " feasted one." ^^^ 

Men, however young in years, who had successfully endured such 
great trials, certainly deserved to be looked upon thereafter as 
persons of uncommon fortitude. Hence indeed the chiefs or 
" tecuhtli '* were particularl}' fitted for responsible offices of any 
kind. They were looked upon with deference, their voice was 
heard and listened to, and it is no wonder if higher charges, es- 
pecially those of a military nature, were filled b}' such as had, 
in one way or another, achieved this distinction. ^^^ g^t ^q 
privilege was connected with their dignity, except that of wearing 
certain peculiar ornaments, and none was transmitted through 
them to their descendants. ^^^ That the " tecuhtli," besides, did 

"1 For the above description of the formalities of creatini? a "Tecuhtli," I refer to 
the sources quoted in the preceding three notes. It is interesting to compare similar 
ceremonies used by the Indians of the Orinoco, Gumllla (•' HintoirCy'* etc., Vol. 11, 
cap. XXXV). Of the Yncas. GarcUasso <te la Vega (Lib. VI, cap. XXIV to XXVI). 
CrUtoval de Molina (''y4n account of the Fables and Rites of the Yncas,** translated by 
C. R. Markham, in Hackluyt Society's Volume of 1873). " Narratives of the Rites and 
Laws of the Yncas *^ Herrera (Dec. V, lib. Ill, cap. VII, p. 63, etc.). We are forcibly 
reminded of the words of the quaint old poet and soldier, Alonzo de Erxcilla, 

*'Lo8 cargos de la Guerra, y prehemlnencia 
No pon por fla<'-os medlos proveiilos, 
Ni vkn porcalidad, ni por herencia, 
Ni por hacienda, i ser mejor nacidos; 
I^las la virtud del brazo. y la e.xcelencia, 
Esta hace a los hombres preferidos, 
Ebtn ilustra, habilita, perflciona, 
Y quilata el valor de la persona." 

(" La Araucana,** Parte la, Canto I*. Edition of 1733, p. 2). 

^t^Me$idieta (Lib. II, cap. XXXIX, p. 161: "Los que tenlan el ditado de Tecutli, 
tenian mu<;lias prei'minencias, y entre ellas era que en los concilios y ayuntamientos sus 
votos eran principales." Oomara (" Conquista*' Vedia I, p. 436). Torqvemada (Lib. 
XI, cap. XXX, p. 366). It should always be remembered, that the dignity of Tecuhtli 
appears most prominent in TIaxcallan. This people however, was but a league, 
very similar to that of the noitheiii Iroquois, only consisting of four, instead of six 
tribes. Among them, the peculiar nature of the dignity of chief became more evident 
than it was among the Mexicans to the Spaniards. But there is no difference between 
the "Tecuhtli" of TIaxcallan, and the "Tecuhtli" of Mexico or Tezcuco. That the 
head-chiefs of Mexico were always "Tecuhtli " themselves, previous to their election, 
needs hardly any proof. Domingo Munoz Camargo (" Histoire de la Republique de 
TIaxcallan.*^ Translation by Mr. Ternaux-Compans, in Vol. 98 and 99 of '•* NouvelUs 
Annales des Voyages,** 1843. See Vol. 98, p. 176, etc.) 

"« About the privileges of the Tecuhtli, compare Gomara (" Conquista^^ Vedia I, p. 
.4:«), Mendieta (Lib. II, cap. XXXIX, p. 161), Torquemada (Lib. XI, cap. XXX, p. 366), 
Zurita (p. 48, etc.). It is evident however, that the latter confounds the rank of 
chief with the paiticular office which might have been entrusted to him, else the "culti- 
vation of lands" could not bo included in the list of advantages derived fl'om the posi- 
tion. Comp&re '* Tenure of Lands,** Iiustamante{'* Te^coco," etc., p. 235). Sr. Bustamante 
frequently copies Zurita. Herrera (Dec. Ill, Lib. IV, cap. XV, p. 135). In regard to 
the non-heredity of the dignity, I refer to the above authorities, and more especially 


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not form as it is often stated, an order of chivalry^ is amply pix>ven 
by the fact that the bond of kinship interposed a barrier between 
them and such an imaginary association and furthermore, because 
their number oould not be very great. The formalities required 
were so numerous and dilatory, the material for distribution in the 
shape of gifts was so lai'ge, that a frequent repetition of the 
occurrence lay beyond the power of the kin.^^^ After this neces- 
sary digression, we return once more to tlie Mexican calpuUi, 

Besides being as already established . in ^^ Tenure of Lands," 
.theunit of territorial possession, we found the Mexican kin to 
be a self-governing^ therefore deinocratic cluster. Every one of 
these clusters had, within itself, all the elements required for 
independent existence as an organized society. 'Except for as- 
sistance and protection against outsiders, it needed no associates. 
/' .Hence it follows, that since we find twenty Mexican kins aggre- 
gated into a tribe, this tribe was a voluntary association, formed 
\ for mutual protection. 

Three attributes of the tribe are next to self-evident : 

1. A particular territory ; 

2. A common dialect ; 

3. Common tribal worship. ^^^ 

Xo Zurita (" HapporV* p. 49: " Lorsqu'un de ces chefs mourait, le prince accordait 
sa charge 4 celui qui s'en ^tait rendu digne par ses services, oar les fils du d^funt n'en 
h^ritaient pas s'ils n'en ^taient in vestis." The very fact or the election, and the manner 
in which it was performed is also evidence. See the various documents in Temaux- 
CompanSy 2d Recueil. 

174 xhat such a festival or ceremony necessitated the accumulation of much provis- 
ion and many articles for presents and offerings, is proven by numerous authorities. 
Gomara (*^ Conquista " Vedia I, p. 436) : '< En fln, en semejantes fiestas no hnbia pariente 
pobre. Daban & los senores J;ecutles y princi pales con vidados plumajes, mantas, tocas, 
zapatos, bezotes, y orejeras de oro 6 plata 6 piedras de precia. Esto era mas 6 menos, 
segun la riqueza y animo del nuevo tecuitli, y conforme k las personas que se daba. 
Tambien hacia grandes ofi'endas al templo y a los sacerdotes." Zurita (•' Rapport tur 
les differentea cla8$e$ de chefs etc.," p. 28) : " Ces solemnit^s occasionnaient de grandes 
d^penses, car les assistants etaientfort nombreux; c'^taient les parents, les allies et les 
domestiques du nouveau dignitaire. L'on faisait aussi des aumones considerables aux 
pauvrea." " Dst Cirimonies ohservies autrefois par les Indiens lorsqu'Us faisaiettt un 
Tecle.** (1st Recueil, p. 233) : " Celui que l'on uommait Tecle, devait d'aboi-d poss^der de 
grands biens, qn'il put donner aux pr^tres et aux autres nobles." (P. 237) : " Un grand 
nombre ne pojuvait pas se procurer en si pen de temps la quantit<§ suffisante, etc., etc." 
Mendieta (Lib. II, cap. XXXVIII, p. 156) : •* Y asi les costaba excesivo trabajo y gasto, 
como aqul se dira." (Id., cap. XXXIX, pp. 160 and 161.) Veytia (" Historia Antigua,'* 
Lib. II, cap. IX, pp. 65 and 68): •* Y era exhorbitantisimo el gasto, por cuya causa al- 
gunos, cuyas £acultades y caudal no era sufici^nte d reportarlos, dejaban de tomar 
este dictado." H. H. Bancroft (Vol. II, p. 199) : " As before remarked, the vast ex- 
penses entailed upon a Tecubtli debarred from the honor many who were really worthy 
of it." 

i^^For these three attributes of tribal organization I refer to Morgan {*^ Ancient 
Society," p. 113). 

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* All three we find very plainly among the aneient Mexicanfi^.i^^ 
Since the tribe was. formed of kins associating together volun- 
tibrily^ it must be admitted that tliey stood on an equal footing, 
and liad, all, an equal share in the tribal government. It was 
scarcely possible, however, from what we know of the population 
of aboriginal Mexico, that all the male members of the kins, at a 
general gathering* could form its directive power, i'" The latter 
consisted of . delegates, elected by the kins to represent them; 
which body of delegates was the supreme authority, from whose 
decisions there should be no appeal. ^^® 

"«" Ancient Society," (Part II, cap. VII). 

1" There i8 no evidenpe of a general gathering of the tribe of Mexico, subsequent to 
the election of ** Hamming- Bird " (Huitzilihuitl) to the office of ♦' chief of men." This 
occurrence which, according to the Codex Mendoza (Plate III), took place in 1396, is 
mentioned by Durdn (Cap. VII, p. 53) : ** Y asi haciendo sn consulta y cauildo entre 
los grandes y.mucha de la gente coniun." Tezozomoc (" Crdnica Mexicana^* edited by 
Sr. Jose M, Vigil and annotated by Sr. Orozco y Berra, Mexico, 1878, cap. IV, p. 233), 
distinctly mentions delegates : *' Casi con esto los mas principales, viejos, y sacerdotes 
de los Mexiqanos, de los cuatro barrios." The '* Codice Ramirez*^ (•' Relacion del Origen 
de lo8 Indies que Habitan esta Nneva-Espana segun sus Hisforias." '♦ Dihlioteca Mexi- 
cana,^^ p. 39), uses the same words as Duran. Sdhngun (Lib. VHI, cap. XXX, p. 318), 
gives probably the best and clearest picture of the most important meetings of the 
tribe, — those fpr election of the chiefs, and distinctly mentions only old men, officers and 

»'• Evidence in regard to the existence and to the supreme authority of this body is 
found in many authors. In the first place we have the direct admission, that they 
elected the " chief of men " or so-called *' King," and that the ** matters of government ** 
lay in their hands, in that (yet) anonymous Relation taken from the Archives of 
Simancas, translateii and printed by Mr. H. Ternaux-Compans under the title : " De 
Vordre de Succession observ4 par les Indiens " (ler Recueil, p. 228) : " Des conseilleura 
^talent charges des affaires d'etat; c'^taient pour la plupart des gens de distinction et 
des tecuclis ou chevaliers comme nous les appelons. On choisissait toujours des per- 
sonnes ftg^es, pour lesquelles le souverain avait beaucoup de v^n^ration et de respect, 
et qu*il honorait comme ses p6res." The supremacy of the council is positively 
affirmed, besides, in the following authorities : — 

(I). In a fragmentary MS3. of the sixteenth century, found along with the " Codice 
RamireZj** and incorporated with the latter in tlie " Biblioteca Afexicana*^ (" Crdnica/* 
,Fragmento 2, Cap. . . p. 147): " Considerando el nuevo Key de Mexico la fuerza qu6 
el espanol traia. juntd & consejo y hizbles representacion de aquesto, y lo que estaba 
prometido que de Ixtlilxuchiil habia de salir la ruina de los Mexicanos, que se diesen 
con buenas condiciones, pues era menos mal que no morir ft sus manos y k las de los 
espaiioles. No quisieron por tener concepto destos que eran insufVibles y cudiciosos. 
Torndles otra yez ft tratar aquesto, y aiin otras dos, dici^ndoles ser entdnces tiempo 
cdmodo : dij^ron que querian mas morir, que hazerse esclavos de gente tan mala como 
los espaiioles; y asi qued<S combeni<lo que era mejor morir; la qual determinacion 
sabida por Cortes andaba dando drden ft Ixtlilxuchiil de como sitiar la ciudad." This 
shows how decisive the voice and vote of the council was, over and above the wishes 
and counsels of the so-called '' King" (at that time Quauhtemotzin), even at the time of 
greatest danger, immediately before the last siege. Compare *'Art of War** (p. 160) oa 
the same subject. 

(2). In same collection— Fra^wfnto 1 (pp. 124 and 125), acknowledging th6 final 
decisions of the council at the time of the older *' wrathy chief" : *' y assi en este tiempo 

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It is therefore a tribal council, called in the Mexican language 
"place of speech" ("TIatocan"), which constituted the highest 
power among the ancient Mexicans.^^^ In all probability it con- 
sisted of as many members as there were kins in the tribe,^®® 

comenzd d ediflcar el templo d su dios Htiitzilopochtii d imitacion de Salomon, por con- 
eejo de Tlacaellel y de todos sus j^randes." Idem (p. 117) : "y luego llamd ft Tlacaellel 
y d sns conseJei*os, y dizicnd<Sles lo que pasaba, de comnn acaerdo se determind qne se 
hiziesse ^uerra d los de Tepeaca." 

(3). The proper words of the la^t •• wrathy chief*' (Montezuma II), as reported by 
Tezozomoc ('• Crdnica Afexijatuit" Vol. IX of Klngsborouifh, Cap. XCVII, p. 172) are: 
*• liljos y hermanos, seais muy bien venidos, descansad, que aunque es verdad yo soy rey 
y senor. yo solo no puede valeros, sino con todos los principales Mexicanos del sacro 
senado Mexicano descansad." This reply was given by the reputed "despot" to the 
delegates from Huexotzinco, who came to negotiate for peace and alliance against 
the Tlaxcallans. In connection with this we meet with the remarkable passage 
already quoted, which, while proving the fact that the Mexican tribe could not, alone, 
even treat, for itself, with a hostile tribe, establishes incidentally, also, the supremacy 
of the Mexican council over its head-chief: " Habiendo venido ante Moctezuma todo el 
senado Mexicano, y consul^do sobre ello, dijo Zihuacoatl resolute : Senor, como sei'd 
esto, si no lo saben vuestro^ consegeros de guerra los reyes de Aculhuacan Nezahnal- 
pilli, y el de Tecpanecas TlalCecatziu ? hagase entero cabildo y acuerdo : fue acordado 

(4). Diego Durdn (Cap. XI, p. 103): "A estos quatro senores y ditadof, despues de 
eletos principes los hacian del consejo real corao presidentes y oydores del consejo 
supremo, sin parecer de los qnales nenguna cosa se auia de hacer." (Cap. XII, p. 108) : 
** El rey tomd parecer con los grandes de lo que auia de hacer. TIacaelel, pi-incipc de 
los ^xercitos, y los quatro del supremo consejo." (Cap. XIV, pp. 117 and 118) describes 
a called meeting of "los mas principales de toda la ciudad de Mexico" with the two 
chiefs. (Cap. XVI, p. 132; : *' Tlacaellel respondid. que le pirecia cosa muy acertada y 
Justa, y todos los del consejo determinaron de que se hiciese.*' (P. 133) : " Montezuma 
aprob<5 el consejo y dixo : perdonad me, senores, que yo aunque soy rey no acertar^ en 
todo : para eso tengo vuestro favor, para que me auiseis de lo que d la autoridad denta 
ciudad y nuestra conviniere." I further refer to Cap. XVIII (p. 15f>), and other places. 

(5). Acosta (Lib. VII, cap. U, p. 477) : " De donde se puede entender, quo entre estos 
el Rey no tenia absoluto mindo 6 imperio, y que mas gouernaua a modo de Consul, o 
Dux, que de Rey, aunque despues con el poder crecio tambien el mando do los Reyes, 
hasta ser puro tyrannico, como'se vera eu los ultimos Reyes." This litter assertion has 
already been refuted in a previous note. (Lib. VI, cap. XXV, p. 441): ''Todos estos 
quatro eran del supremo Consejo, sin cuyo parecer el Rey no hazia, ui podia hazer cosa 
de iraportancia." 

(6). Herrera (Dec. Ill, lib. II, cap. XIX. p. 76): "Estos quatro Ditados, eran del 
Consejo supremo, sin cnyio parcer no podia liacer el Rei cosa de importancia." 

(7). Indirect evidence of the supreme power of the council is found in the descrip- 
tions of the mode of consultation about war or peace, as given by Mendieta (Lib. II, 
cap. XXVI, p. 129), Torquemada (Lib. XIV, cap. II, p. 637). The latter even mentions 
old women along with the men, as participating in the debate on peace or war, and 
describes this debate as truly "Indian." 

"» Molina (II. p 140) : ^^tlatocnrit" '• corte 6 palacio de grandes senores." (M., I, p. 29) : 
*' consejo real," '* tlatocanecentlaliliztli." Torquemada (Lib. XIV, cap. VI, p. .'>45) : '• si 
no era en la corte, & la qual Uaman Tlatocan, que es lugar de Juzgado, 6 Audiencia." 

180 We have already noticed that there were twenty "liairios" (liins) in the tribe. 
Now we are told by Bernal Diez de Castillo {""Hist, ver dailer a." etc. y Vedia II, cap. XCV, 
p. 95) : "y siempre d la contina estaban en su compafiia veinte grandes senores y conse- 
jeros y capitanes, y se hizo & estar preso sin mostrar pasion en ello." (Cap. XCVII, p. 99) : 
**Ya he dicho otra vez en el capitulo que de ello habla, de la manera que entraban d 

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each calpulli sending a " speaker " ("Tlatoani") to represent it. 
Such positions could only be filled by men of acknowledged ability 
and reputation, who had acquired the distinction of chiefs^ and 
hence their other title — '* speaking chiefs " ('' Tecuthatoca/') 
which was everywhere recognized, in aboriginal Mexico, as the 
highest office and charge. ^^^ 

negocinr y el acato que le tenfan, y como siempre estaban en sti compafiia en aqnel 
tiempo para despachar negocios veinte hombres ancianos, que eran jueces; y porque 
esta ya refeiido, no lo torno d referir " Furthermore, it is positively aseei ted by Tbr- 
quemada {L,\h. XIV, cap. VI, p. 544): "En lugar de Regidores, ponian en cada Barrio, 6 
Paicialidad, un Tecuhtii, que se ocupaba en exeeutar loque nuestros Hegidores execu- 
tan, y hacen, y todos los Dlas se hallaban en el Palacio, d ver lo que se les ordenaba, y 
mandabn." Consequently each calpulli or kin held one representative constantly at 
the official house of tlie tribe, and as there were twenty kins, we necessarily have here 
the twenty chiefs or ''Judges," mentioned by Bernal Diez. Tiie above statement of 
Torquemada is repeated (or coi>ied ?) by Vttancurt ("Teatro," Vol. I, p. 371). 

Durdn (Cap. XXVI, p. 213) mentions: "los grandes sefiores, que eran hasta doce.** 
Ixtlilxochitl {" Histoire d(9 ChichimiqueSy*' Cap. XXXIV, p. 23«) says "there were four- 
teen great lords in the kingdom of Mexico." Tezozomoc (Cap. XXXVI, p. 67, Kingsb., 
Vol. JX) enumerates first twelve, then three more. Thi-» is the more singular alter tlie 
detailed list giving twenty chieft*, wliicli list I have already reft-n-ed to in a previous note, 

That the members of the tribal council were elected each one by his calpulli or kin. 
follows IVom the statements of Zurita ('" Jiapport," etc., p. 60): ♦' Les calpullis ont tou- 
jours un chef pris necessairement dans la tribu. . . . L'election se fait entre eux. . . . 
La charge de ces chefs n'e*t pas h^i^ditaire. . ." (P. (>1) : "Ce t hef est charge du soin 

des terres du cal])Ulli et d'en d^fendre hi possession " (P. 62) : •' II a soin de de- 

fendre les membres du calpulli. do parler pour eux devant la justice et les gouver- 
neurs." Consequently this officer r^resented the kin towaids the otlier kins of the 
same tribe, and this could only be dgne in the tribal council, as one oi its members. 
How this election took place, tlie same authority tells us (p, 61), also that the office was 
for life, and that as capacity was the llrbt condition, incapacity or unfaithfulness neces- 
sarily brought about removal. 

"1 Molina (11, p. 14) : '• Tlatoani," •• hablador, 6 gran sefior." The plural is *' Tlatoca." 
Pimentel {"Ctiadro,^* p. 174). Tiiere is ample evidence of the high offices which bore 
this title. Compare Torqueniada (Lib. IV, cap. XVI, p. (526): "los Tlatoques (que son 
los Sefiores, y Poderosos.)" .... Tezozomoc uses the tenn ••Zemanahuac-tlatoani." 
Zvrita (p. 43): ''Les souverains se nomuiaient et se nomment encore Tlatoques, mot 
qui vient du verbe tlatoa, qui vent dire parler." Bernal Diez de Castillo (Cap. 
XXXVIII, p. 32, Vedia, II). ''Real Ejecuttria >' (Col. de Doc, Vol. II, p. 12 and note 36). 
In this document the word is used in the plural t "y diciendo que ya habian estado alii 
los Tlatoanis Teacames." It would be useless to quote further authorities. 1 shall 
only s-tate that, according to Sr. D. Juan Gavarrete, the term, as applied to "principa- 
les " or '* old men," is still used among the Indians of Guatemala : "Los ancianos que 
a su edad agregan servicios publicos se llaman en algunos pueblos Tatoques; pero 
esta denominacion casi ha desaparecido." (Letter to the writer 14 March^ 1879.) 

The term '• tecutlatoca " decomposes into "tecntli" and "tlatoca." It is found in 
Molina ^11, p. 93), as "in Tecutlatoa," "tener audiencia, o entender en su olicio el presi- 
dente, oydor, alcalde, etc., etc." "Tecutlatoliztli." "judicatura. oel acto de exercitarsu 
oflcio el Juez." Torquemada (Lib. XI, cap. XXVI, p. 35')) : "y 4 los Jueces, Tecuhtla- 
toque, Sefiores, que goviernan el bien publico, y lo habian." I have already noticed 
that the "Tequitlato" mentioned by Sahagun (Lib. VIII, cap. XXXVIII, p. 329) might be 
a misprint or misspelling Ibr "tecutlatoca.^* The same author says (Id., Cap. XXV. p. 
314) : "Estos tales eran los mayores jueces, que ellos Uamaban tecutlatoque.^* Molina 
(I, p. 108) : "senador," " tecutlatoca." 

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The place where this council assembled, was necessarily the 
official house of the tribe or " tecpan,"*^^ a^^j there they met at 
stated intervals, possibly twice every Mexican month of twenty 
days.^®3 Such meetings were full}' attended, and they could be 
called, besides, at any time.^**^ There is evidence that, during 

Bustamante (•♦ TezcocOf" p. 191): "Hubia tambien'abogados y procuradores ; 4 los 
primeros Uaniaban Tcpantl&touni (el que habla pur otro)." 

^^^ Molina (II, p. 93) : "casa 6 palacio real, 6 de algnn sefior de salua." But of special 
impoi-taiice is the following detiiiition (I, p. 91): "Palacio real" — '* tecpan, tlatocan, 
toiecuacan." This siiuws that the tecpaii was really the place where the council met." 
SaJuigun (Lib. VIII. cap. XIV, pp. 302 and 30:i. Cap. XXV, p. 3U). Mendieta (Lib. II, 
cap. XXVIII, p. 134). IxaUx.)chiU (" HUtoire dea Chihina^ues," Cap. XXXVl, pp. 
247-252). VeyiU (III. cap. VII, p. 199). Torquemada (•• Afonarquia,*' Lib. XIV, cap. VI, 
p. 644), identifying "In Coite*' with the "lugar de Juzgado, 6 Audiencia." Fuitiier 
quotations arc useless. 

i«»This fact is implied by Ixtlilxochitl C Hist, dea Chichimiquea,'* cap. XXXVIII, 
pp. 2G7, 268 and 209), when he atlirms, in notifying a hostile tribe of the intention 
to make war upon it, the notiflcation was repeate<l thrice, at intervals of twenty days. 
Veytia ('* Hiatoria antigua de &I</tco," Lib. III. cap. VII. p. 209), says that every twelve 
days *'cada doce dia^," the courts met to report to the "emperor." This is rather 
strange since (Id., p. 2U2, etc.), he says that these courts sat daily in what he calls the 
*' palace." Torquemadti (Lib. XI, cap. XXVI, p. 3.^5) : " De dier k diez Dias, y 4 mas 
tardar, de doce k doce, hacia junta el Rel de todos los Jueces, asi de las Audiencias del 
Reino, como de los de bus Cimsejos." In this case he speaks of Tezcuco. Mendieta 
(Lib. II, cap. XXVIII, p. 135): ** Y asi, 4 lo mas largo, los pleitos 4rduo3, se concluian 
4 la consulta de los ochenta dias, que llamaban nappoaltlatolli, demas que cada diez 6 
doce dias el senor con todos los ju&ces tenian acuerdo sobre los casos 4rduos y de mas 
calidad." Zurita {*' Rapport, etc.," p. 101): "Tons les douze jours 11 y avait une 
assembl^e g^n^rale des juges piesidi^ par le prince. On y jugeait les affaires difficile?, 
celles de crimes qualirles, et Ton examinait minutieu^ement tons les details." Cfavi- 
gero (Lib. VII, cap. XVI, p. 482), is veay positive: "Each Mexican month, or within 
twenty days, a meeting of all the judges was held in presence of the King, to decide 
upon all cases not yet disposed of." He evidently bases the statement U|>on Goinara 
(" Conquiata^^^ etc.. Vedia I, p. 442). '' Con^ultan con los sefiores cada mes una vex 
todos los negoclos," according to Sr. Orozco y Berra (•• OJeada sobre Cronologia 
Mexicana^" Introduction to the " Cidnica Mexicana," published under the supervision 
of Senor Jos^ M. Vigil, pp. 174 and 175). Gomara rests principally upon an unpublished 
series of documents, entitled '• Ztiro de Oro^" now in possession ol my friend, Sr. 
Icazbalceta, which collection was formed by the Franciscans under the auspices of 
the unjustly abused Fiay Juan de Zum4n'aga, between 1531 and 1547. The statement 
of Clavigcro is, therefore, not to be rejected. The '• Codice liamirez" (p. 66) says: *'los 
quales daban noticia al lley cada cierto tiempo de todo lo que en hu Keyno pasaba y 
se habia hecho." It is, thei*efore, to say the least, likely, that the full council met 
once a month, but, as we have stated in order to be just towards all, it is equally 
possible that it may have met twice. The reference to ** Judges " needs no explanation. 
It is 8elf*evident that for Judiciary matters, alone, such meetings of executive officers 
were superfluous. Matters of government came up also,— and this is decisive of the 
kind of officers that were members of the tribal council, since they alone could All such 
positions. These meetings were, therefore, full meetings of the council, and nothing 

"* This is abundantly proven by what has at last been recognized by Sr. Orozco y 
Berra as well as by my friend, Sr. Chacero (•* Ojeada," etc.) as specifically Mexican 
sources of aboriginal history. See for inst. : " Codice Jiumirez" (pp. 52, 62, 66, G7, 80). 
*' Fragmmto iV'o. 1" (pp. 124, 127, 133, etc.). *' Fragmenio No. 2" (pp. 137, 147, etc.). 

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the critical period of Cort6s' first stay at Tenuchtitlan, the twenty 
" speakers " held daily meetings at the official house.^®^ 

In a society based upon kin we cannot expect a clear divi- 
sion of the powers of government, particnlarl}^ as there were 
no written laws,i^® and custom alone ruled. The functions of 
the ancient Mexican council were not properly legislative, but 
they were rather directive a.nd judicial combined. One of its first 
duties was, however, to maintain harmony among the kins. 

The twenty independent social ui^its composing the Mexican 
tribe, while bound together by the necessity of mutual aid to secure 
territorial independence, could not be expected alwa3^s to live in 
peace with one another. Difficulties would necessarily arise between 
kin and kin, and to prevent such disputes from leading to actual 
warfare,!^^ the council as a body of officicd arbitrators was needed. 

According to the rules of kinship, the calpuUi was not only 
bound to avenge an}^ wrongs sutfered by one of its members, but 
it was also responsible for the offences committed by the kinfolk 
towards any outsider.^®® Hence theft committed outside of the 

Durdn (cap. X, p. 83, XI, pp. 107, 108, 109, XIV, pp. 117, 123, XVI, p. 132, XVHI, p. l56), 
etc., etc. We forbear further quotation^', since they would be too numerous. All go to 
prove that the council was fi-equently called together between the t'mes of re^ilar 
meeting. Quotations from Tezozomoc {'^Cronica Mexicana*^) are useless, tsiiice tliey 
are very numeious and agree with tho8e of Durdn in the main. The fact of irregular 
meetings of the council having been called during the conquest, is Airtlter proven by 
Sahagun (Lib. XII, cap. Ill, p. 7), and Torquemada (Lib. IV, cap. XIV, p. 885). 

185 Bernal Diez de Castillo ('^ Historia verdadera** Vedta, Vol. 1 1, cai>. XC V, p. 9.5) : *• y 
siempre ft la contina estaban en su compauia veinte grande sefiores y cousejcros y 
capitanes." (Cap. XCVII, p. 99): "Ya he dicho otra vez en el capitulo qire de ello 
habla, de la manera que entraban 6 negociar y el aoato quo el tenian, y como siempre 
estaban en su compauin en aquel tiempo para despachar negocios veinte hombres 
ancianos, que eran juece"?." 

"•A number of paintings are mentioned as i*epre8enting the customs and manners 
of the natives. Specimens ofthese are found in Codex Mendoza, Lam., 58 to 72 inclusive. 
But none ofthese contained, or could contain or express, anything like a law. Compare, 
on Mexican paintings in general and their value> ** On the Sources fur aboriginal 
history of Spanish America,*' in Vol. 27 of ** Proceedings of the Ametiean Association for 
the Advancement of Science.** Setior Orozco y Jierra (** Codice Mendozino,- Ensayo de 
desdfracion gerogUfica,^* beginning in No. H, of Vol. I, *^ Ancles dtl Mvseo Nacional de 
Mexico**) has commenced a publicHtton wliich can be expected to shed much light on 
such pictwre-leaves, and the true position which they held among the ancient Me'xlcans. 

"'Conflicts between the inliabita»ts of different '* barrios" during festive turnouts 
and religious gatlterings could not always be prevented. 

»M Morgan {** Ancient Society ,'* pp; 7« an<l 77). Davila- Padilla (•* Historia de la Fun- 
dadon y Biscftrso de la Provincia de Santiago de Mexiiio," Lib. I, cap. XXVI, p. 83). 
Thecu.stom is general among other tribes and Mr. Morgan has adverted toH atntong 
the Maya of Yucatan and the Peruvians. It would be unnecessary display to produce 
further evidence : the remarkably clear statements -of Mr. Morgan fully " cover the 

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calpulli, and especially the slaying, wilful or accidental, of mem- 
bers of one kin by those of another, became the cause of a claim 
by the offended calpulli upon that of the offender.^^^ This 
claim was submitted to the tribal council by the ''speaker" of 
the complainant kinship. He produced his evidence, sometimes 
even in the shape of paintings, not so much to prove the facts 
as to sustain his claim. From the opposite side, the ''speaker" 
defended the interests of his clan, and he also supported his 
pleadings with whatever testimony he might command. '^^ The 
remaining "tlatoca" listened attentively to both parties, and 
when the argument was concluded, tney deliberated among 

w»/r. n. Bancroft C* Kative Races," Vol. 11, pp. 468 and 459) was the flrst, to my 
knowledge, to call attention (in note 59) to the diflorence of opinion among anthors. in 
regard to the punishment of murderers. He refers to the unpublished parts of the work 
of Fray Diego Durdn. We And in the Codice Ramirez (♦* Trntad^) de Ion Rito» y Cere- 
monUis y DioMCs que en su OentUidnd usaban los Indies desta Nueva Espana^" Cap. I, 
p. 101): " l^i matrir uno d otro era muy prohibido. y aunque n<» se paarabj, con muerte, 
haziai) al homicida esclavo perp^tuo de la mujor 6 parientes del muerto, para que les 
sii'viesse y supliesse la filta del muerto, gunando el sustento de los hijos que dcjuba." 
This is very interei'ting since it shows the autonomy of the kins. The murderer stood, 
towards the calpulli of the slain, in the same relation as, among northern Indians, a 
pri^ner of war did towards the hostile trit)e. Both could be adopted, and this condoned 
the deed. The offending kin lost one member ; the offended kin obtained one in return for 
the one that had been killed. However, this was only in exceptional cases : the rule, as 
established by the majority of authors was that life alone couM atone for life. In the 
same manner, and under the same head, the contradictory reports must be placed, 
about the punishment of theft, which have already been noticed. There are conse* 
quently, for each crime or kind of crime, two classes; one, of such as were committed 
within the kin, and the other, of such as were committed without. 

^^ Sahagun (Lib. VHI, cap. XV, p. 304): *'Otra sala del palacio se llamaba teccali, 
6 teccalco. En este lugar residian los senadores y los ancianos para oir pleitos y 
peticiones, que les oh-ecian la gente popular, y los Jueces procuraban de hacer su oflcio 
con niuchu prudencia y sagacidad, y presto los d es pacha ban ; porque primeramente 
demandaban la pintura en que estaban escritiis 6 pintadas las causas. como hacienda, 
casas, d maiz.ile;«; y despues cuando ya se queria acabar el pleito, buscaban los sena- 
dores los testigos." I quote this passage, altiiough it npidies particularly to the Judicial 
functions of the council, because the mode of proceedings is therein illustrated. 
Veytia (Lib. HI, cap. VU, p. 207), speaking of Tezcuco, is very positive: ••Habia 
tambien aboga os y procuradores; ft los primeros llamaban tepantlatoani, que quiere 

decir el que habla por otro " I need not recall here that "tlatoani" (plural 

"tlatoca") was the title of the members of the council, and that coupequently these 
"attorneys" belonged thereto. The same statement (derived from Veytia also) is 
found in liustamante (" Tezcoco,'^ Parte II, cap. VII, p. 191). Tiiese two works contain 
(in the chapters indicated) the most detailed information as to tiie proceedings. Still, 
there is evident confusion in the minds of these authors in general: they fail to dis- 
criminate between arbitration and tribal jurisdiction. The bulk of the other authorities 
commit the same mistake. Compare Zurita ('• Rapport," pp. 102-105), whom Mendieta 
(Lib. n, cap. XXVIII, p. 138) has almost verbally copied. Torquemada (Lib, XI, cap. 
XXVI, pp. 354 and 355). 

The absolute lack of division of powers which characterizes so well ancient Mexi* 
can society is well established by Veytia (HI, cap. VII, p. 200), speaking of what he 

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themselves until tbey finally agreed upon an award. '^i xhe 
same thing occurred when two' calpuUi claimed possession or 
enjoyment of the same piece of land.^^^ No appeal was possible 
to any higher authority ; but every eighty days an extraordinary 
gathering took place at the '* tecpan," consisting of the council 
and the executive chieftains, the war-captains of the four great 
quarters, the ** elder brothers" of the kins, and the leading medi- 
cine-men, and any cause pending before the "tlatocan" might be 
deferred until the next of these general meetings ; and even in 
case a decision had been rendered, a reconsideration thereof, on 
that occasion, was sometimes agreed uponJ^^ 

calls "snpremo consejo:" "TralAbanse en esteconsejo todo g^nero de negocios de 
estado, justicia, guerra, hacieuda etc., etc." 

iwTliis picture is mainly l)a8ed upon Veytia ('* Historia antigua," III, cap. VII), and 
Bustamente (" Tezcoco," pp. 191 and 192). Tiie statement in ihe latter is only worthy of 
credit because copied from Uie former. 

"2 Veytia (Lib. Ill, cap. VII, p. 207). Clivigero (Lib. VII. cap. XVI, y. 483). For a 
copy of the paintings reproduced, see A. de ffwnboldt (" Vues des Cordilleres,^* etc.. 
Vol. I, plate V. Ed. 8vo). 

i»3 1 affirm this in the face of all the authorities on the subject, who, without excep- 
tion, assert tliat there was an appeal to the " king." The Codex Mendoza (plate LXX, 
*'Declaracion de la figurado") is even very positive: '• Y si era negocio de calidad del 
consejo, havia apclacion por via de agravio ante Monte5uma, en donde habia conclu- 
sion de la causa." .My opinion is based on what precedes about the autliority of the 
council, on what I expect to prove in relation to the true nature of the duties of the 
head-chiefs and which will hereafter follow, and on the contradictions among tlie 
authors themselves. Thus the *'• Codice liamirez" (p. 58) places the supreme power 
into the hands of the councils ''sin parescer de los quales ninguna cosa se habia de 
hacer," and (pp. 64 and 05) it does not mention any power of appeal whatever. Zurita 
(pp. 100 and 101): •' Les appels ^taicnt port^s devant douze autres juges superieurs qui 
pronouQaient d'apres I'avis du souverain." It is queer to notice, how the writers of 
the tezcucan school, appear eager to place the power of flnal decree or the decision of 
final appeal in a "high tribunal," or rather sirnidy a supreme council of their tribe. 
Torquemada (Lib II, cap. XXXXI, p. 146) mentions a supreme council, ** a los quales 
avian de venir todas las cosas graves, y criminales, para que ellos, con el Rei, las 
determinasen." (Lib. XI, cap. XXVI, p. 351): " I*m*a estos dos Jueces Supremos se 
apelaban las causas graves, los quales las admitian, pero no determinaban, ni senten- 
ciaban, sin pareoer, y acuerdo de el Rei." Vet/tin (Lib. Ill, cap. VII, p. 199) speaks of 
the establishment of " tribunals" by '•Fasting wolf" ("Nezahualcoyotl" — properly 
"fatting coyote"), and adds: •• pero concediondo a las partes el recurso de apelacion 
para el gran tribunal de justicia que erigid en su corte de Tezcuco." This so-called 
tribunal was, as we have shown at the close of note 190, the " Council of the tribe." 
Mendieta (Lib. II, cap. XXVIII, p. 135) almost copies Zurita. Sahngnn (^''' lUstoria 
generaV^ etc.. Lib. VIII, cap. XXV, p. 314): " y los casos muy diflcultuosos y graves, 
llevabanlos al senor para que los sentenciase, juntamente con trece priiicipales muy 
califlcados, que con el andaban, y residian." "Estos tales eran los mayores jueces, 
que ellos llamaban tecutlatoque. ..." In this case the learned father speaks of 
tribal jurisdiction and not of arbitration. Still it is plain that he admits the council's 
decrees as final. The chief, •' seiior," appears only as member of this council, a position 
of which we shall hereafter speak. Without making any further quotations from 
similar authorities, I beg to revert to those which place, by the side of the so-called 
*^ King," an independent **8ui)reme Judge" — the " Cihuacohuatl," whose tribunal 

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Aside from these avbitrative functions, other duties occupied the 
councirs time at its full meetings. If any calpuUi felt wronged 
in the distribution of the incoming tribute, it might through its 
delegate or " speaker ,"^9"* complain about the tribal officers an- 
swerable for it to the " tlatocan/* The investiture of chiefs and 
officers of the kins belonged to the highest authority of the tribe 

is positively mentioned as the final court of appeals. That this "Cihuacohnatl" 
occupietl a high position, was already noticed bi' Cortes (•' Carta tercerut" Vedia I, 
p. 8;^), antl subsequently, when he became ntill more prominent, by 7'ezozomoc. But 
Torquemada has been to my knowledge, the first one to establish his position as indepen- 
dent supreme Ju<lge. It is not devoid ot* interest to notice what he writes about this 
office. {" Movarchiu Indiana," Lib. XI, cap. XXV, p. H52) : '* Despues del Rei, liuvia 
un Piesidente, y Juez maior, cuio nombre, por ra^on de el oflcio, era CihuacohuatI . . 
. . . . De este Presidente no se apelaba para el Rei, ni para otro Juez alguno. ni podia 
tener Teniente, ni substituto, sino que por su nli^ma persona havia de determinar, y 
decidir todos los negocios de su jusgado, y audiencia." He further adds; *• lo qual no 
corria en este dicho Juez Cdiuacohuatl; porque de su ultima detennlnacion no habia 
recurso a otro." Fray Augustin de Vetancurt (•' Teatro MexicanOy" Vol. I, Parte 2a, 
Trat. 2", cap. I, p. 309): "Dtspues del Rey . . . habia un virey que Uamaban Cihuaco- 
huatI, que el rey proveia y era su segunda persona en el gobierno, de cuya seutencia 
no habia apelacion a otro. Tan absoluta era la autoridad que le daba, que reservando 
el rey en si la autoridad real, era en la judicatura igual." Tliese statements distinctly 
hint at the existence of an appellate judicial body, of which this CihuacohuatI was 
foreman, and over which tl»e 8o-calle«i "King" had no control. Clamgero (Lib. VII, 
cap. XVI, p. 481) even states that while tliere was no appeal tVom the CihuacohuatI 
whatever, there was one of the.-e officers **at the court and the principal cities of the 
kingdom." These views in regard to the "CihuacohuatI" have been plainly accepted 
by W. H. Prtscott (•• Conquest of Mexico" Vol. I, p. 29): "There was no appeal from 
his sentence to any other tribunal, not even to the king," and H. H. Bancrojt ('* Native 
Races," Vol. II, cap. XIV, pp. 4.U and 435). 

The confusion is apparent, for we have here three difl'erent views of the same case. 
One is that the "Isead-chiei " was the highest appellate authority, the other ihat the 
head-chief, with the council, formed the court of la^t resort, and the third that a 
"supreme Judge" was appointed by the so-called "King" to render final decisions. 
Now we have alre.»dy seen that the supreme authority was tlie council or " tlatocan," 
consequently what is commonly called the "king" could not be the last resort in 
judiciary matters, still less could he an officer for that purpose. Our proposi- 
tion appears, therefore, sustained, that there was no appeal from the decisions of the 
councd to any superior authority whatever. 

But, finally, it was possible to reconsider, so to say, the cases decided by the council, 
and for such the so-called '^ Nauhpohualtlatolli" or '■^ eighty days-talk" wws instituted. 
Authorities are almost unanimous on this point, although it is commonly ascribed to 
Tezcuco alone, and I refrain from quoting them in detail, referring but to Bancroft 
(" Native Races." Vol. II, p. 439, etc.). 

i»'»This becomes evident from the relative positions of kin and tribe. As we shall 
hereafter see, the officers gathering and those receivmg the tribute were tribal officers, 
consequently subje'-t to the council. It was to the council, therefore, that any complaint 
had to be brought against them, and tliis could be done only through the " speaker " of 
a particular kin. That the tribute was distributed partly among the " calpulli " is 
indicated by Durdn (Cap. IX, p. 79) : " Tambien dieron a sus barrios para el culto de 
sus dioses, a cada barrio una suerte, etc.," and Tezozomoc (" Cronica Mexicana," Cap. 
X, p. 18): "y aunque venian a darlo a Ytzcoail, era para todos los Mexicanos en 

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alsoJ^^ This ''right to invest officers and chiefs of the kins" is 
commonly distorted into a right to appoint or at least to confirm 
an appointment or election, ^^^ whereas it was merely an act of 
courtesy ultimatelj^ converted into an established custom. But 
paramount in importance was the preservation of independence 
towards the outside world, and hence all relations with other 
tribes, and all final decisions concerning alliances, declarations 
of war and treaties of peace were, as we have elsewhere stated, 
in the hands of the council.*^'' No raid or foray could be started 
unless by its direction ; and delegates from foreign or hostile 
tribes, though not always admitted into the presence of the 
'•tlatocan," always had to wait until that bod}^ agreed upon and 
formulated an answerJ^*^ 

183 Torquemada (Lib. XI, cap. XXIX, p. 3(>1): . . "elegian Dia de buen signo: en el 
qiial llumaban a todos l08 stfiores, y piinci pales de la Republica, y a todos los Parien- 
tes, y Aniigos: los quales aconipaiiaban al mancebo, etc., etc." (Cap. XXX, pp.364, 
365). This autlior coines from Mendieta (Lib. II, cap. XXXVIII and XXXIX, pp. 15G to 
IGl) who partly gathers from Zurita ('' Rapport, ^^ pp. 25 to 29). Goniara ('• Conquista.^^ 
etc., Vedia I, p. 435): '• Los t^enore?, los amigos y parlentes que convidados estaban, lo 

Bubian por las gratlas al altar El dia que habia de salir venian todos los 

que primero le honraron, y liiego por la manana le lavaban y limpiaban muy bien, y le 
tornaban al teraplo de Camaxtle con nuicha miisica, danzas y regocijo. Sublanle & 
cerca del altar, etc., etc. . . ." Although these quotations apply mostly to Tlaxcala, 
the dignity of ''Tecnhtli " was common among all the sedentary tribes, and the cnstonis 
of invcbtiture were also about identical. Compare, '• Des C^r^momes observees autrefois 
par les Indiens lorsquHU faisaieat un tecle'^ (" Pieces relatives & laconquSte du Mexique,^* 
TernauxCompane, pp. 233 and 234. 

^^^Zurita {^'Rapport," etc., p. 47) : " parceque les souverains supr^mes ne les ^levaient 
a ces dignitds qu'en recompense des exploits qu'ils avaient faits a la guerre,'^ etc. 
Besides, there are numerous evidences that the older authois all believed tlie oflScers 
to be nominated by the highest tribal authority. The distinction was never made as 
between officers of the kins and officers of the tribe. I have formerly discussed the 

i»7"^r<o/ fF;<r"(p. 129). In addition to the authorities there quoted, and those 
alluded to in note 178 of the present essay, I beg to refer vvitli great pleasure to a paper 
written by a learned Peruvian, Sr. Jo'te Fernandez Xodal {^^ Legislatioii civile comparee 
des Mtxicains sous les em per ears Aztecs et des Pe'ruviens d Vepoque des Incas"). Tiiis 
memoir was presented at the "Congi-^s international «les Americanistes," at Luxem- 
bciurg in 1877, but only a short summary of it was published in the "-Compte Rendu" 
(Vol. I, pp. 235-237). 8r. Nodal states that among the Mexicans' monarcliy (?) was 
elective and controlled by a Council, ''Controlee par un conseil supreme.-' It is to be 
sincerely regretted that this interesting paper was thus neglected. 

if's Evidences in regard to this latter detail are numerous. Compare Tezozomoc 
{'^ Cronica" Kingsborough, Vol. IX, cap. XCVII, p. 172). Durdn (Cap. XV, p. 127): 
*♦ Kl re y MonteQuma le respondio con ro.>r-tro muy alegre y amoroso, que se lo agradecia 
el amor que les tenian y quel era muy contento de conservar la paz y de tener con ellos 
perpetua amistad; pero para questas treguas estnviesen con mas seguridad y vinculo, 
quel lo queria coramuuicar con sus grandes ^enores y principales y quel le daria su 
respuesta. El rey de Tezcuco fue aposentado a descansar en un aposento de la casa 
real, con mucha oma, y luego el rey mandd venir a todos los de su consejo y & los 
demas sefiores y principales, y estando presentes, luego los propuso la platica 

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Such were, in a general way, the higher functions of the Mexi- 
can council, and the}' appear, if we are permitted to characterize 
them to be only arbitrative and directive. Yet the members of 
that council had other duties of a purely judicial nature. 

No conflict occurred between its jurisdiction and that of the 
kins. It was neither superior nor inferior to it, but wholly 
independent, even without any connection with it. Hence it 
extended : 

1. Over the unattached class, the hangers-on to the tribe, or 
outcasts from the bond of kinship. ^^^ 

2. Over all the people composing the tribe, irrespective of kin- 
ship, at places specially placed under tribal care, or reserved 
for tribal business, and therefore neutral ground for the members 
of all the calpulli. These neutral localities were the official 
buildings, the central or tribal "house of god,*' and especially 
the great "tianquiz" or market places. 

The outcasts were, happily for the preservation of tribal so- 
ciety, not very numerous. Still, from their very origin, they were 
the most disorderly' part of the people and crimes were certainly 
more common among them than among those upon whose passions 
the tie of kinship and tiie obligations resulting therefrom acted liiie 
a wholesome check. It required a judiciary power constant!}' on 
hand to repress and punish the misdemeanors committed among 
this class. 

The "tecpan,'* the great central ** teocalli " and the square on 
which it stood, and the market, were regular meeting-places of 

Biguiente, etc " (Cap. LX, p. 473) : " Monte^nnia, apiaddiidose dellos, los 

mandd aposentar. y llamando 6U consejo, propiiboles la demanda que traian." 
Codice Ramirez (p. 61) : •' El Key iCzcohuatl mostrd gran contento con la embajada res- 
pondiendo con mny gratas palabras; mando aposentar a los meiisajeros, y honrarlos, 
y tratar como a su propia persona, dizi^ndoles que descansassen, que el dia siguiente 
les daria la respuesta." See also Torquemada (Lib. XIV, cap I, p. 635): "Acabada la 
Embaxada. ei el Embaxador no era de mui gran Principe, no se le respondia cosa, 
hasta otio Dia; saltan con ^I algunos, acompanandoie a la Calpixca, adonde se proveia 
de lo necesario, y en el entietauto el Sefior coniunicaba con los de su Consejo lo que 
se havia de responder, lo qual hacia uno de ellos, y no ^1." But the most complete 
picture of such delegations and the manner in which they were received is found In 
Vetancurt C'Teatro Mexicano," Parte 11*, Trat. Ila, cap. II, pp. 378 and 379). It is too 
long to be copied. I merely allude to the words ; "Acabada la embajada, le volvian a 
la posada mientras se Jiintuban para la respuesta.'* It has been adopted by ClaHgero 
(Lib. VII, cap. XI, pp. 470 and 471). 

"•The unattached class was under protection of no kin; therefore, if such a 
"bonded man "made his escape to the Tecpan, he became liberated from his bond. 
Already mentioned by Gomara {^'ConquUtat* Vedia, I, p. 442), and subsequently con- 
firmed by others. 

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people from all the calpiilli, but over which no single kin could 
exercise any control.^^^ This control had been delegated to the 

^^^ In regard to the " tecpan," the simple terra "casa de comnnidad," used particu- 
larly by Torquemada (Lib. VI, cap. XXIV, p. 48, and again Lib. XIII, cap. XXX, p. 477) : 
la ''Tecpan, que es el palacio." explains much. It is. besides, self-evident that the 
tribal places of business and of worship were under the control of no particular kin, 
being expressly reserved for the tribe. There is, however, no definite expression as 
yet, in fact it hardly amounts to a clear conception, of the number and position or 
location of tlie original "tianquiz" of Tenuchtitlan. There are four eye-witnesses of 
• the conquest reporting upon the markets: Cortes, Andres de Tapia, the anonymous 
conqueror, and Bernal>Diez de Castillo. I quote these in succession. Cortis 
(" Carta Segunda" Vedia, I, p. 32) : " Tiene esta ciudad muchas plazas, donde hay 
continuos mercados y trato de comprar y vender. Tiene otra plaza tan grande corao 
dos vezes la ciudad de Salamanca, toda cercada de portales al rededor, donde hay coti- 
dianameute arriba de sesenta-mil aniraas comprando y vendiendo, . . ." '^^ Carta Ter- 
cerut" (p. 74) : " hasta otra puente que esta junto 4 la plaza de los principales aposenta- 
mientos de la ciudad." Note 2 of the Archbishop Lorenzana: *'Antes de llegar 4 la 
plaza de la Universidad hay muchas puentes, y naturalmente habla aqut desta plaza 6 
mercado, que era muy grande." Id., (p. 78) : *' E porque este trabajo era incompartable, 
acordfS de pasar el real al cabo de la calzada que va a dar al mercado de Temixtitan, 
que es uua plaza harto mayor que la de Salamanca, y toda cercada de portales a la re- 
donda ; " (Id., p. 79) : ^' seguimos nuestro cnmino. y entramos en la ciudad, k la cual llega- 
dos, yo reparti la gente desta manera; habia tres calles dende lo que teniamos ganado, 
que iban k dar al mercado, al cual los indios llamau Tianguizco, y d todo aquel sitio 
donde est4 Uaman de Tlalteiulco ; y la una destas calles era la principal, que iba a dicho 
mercado, . . Las otras d«»8 calles van dende la calle de Tacuba & dar al mercado." Id. 
(p. 81), after the i*epulse of the Spaniards : " todoslos espaiioles vivos y muertos que toma- 
ron los Uevaron al Tlatelulco, que es el mercado." Id. (p. 85) : " E aquel dia acabamos de 
ganar toda la calle de Tacuba y de adobar los malos pasos della, en tal manera que los 
del real de i^e«4ro de Albarado se podian communicar con nosotros por la ciudad, 6 por 
la calle principal, que iba al mercado, se ganaron otras dos puentes y se cegd bien el 
agua, ..." Id., '* y seguimos la calle grande, que iba a dar al mercado ; " (p. 86) : "Otro 
dia siguiente, estando aderezando para volver 4 entrar en la ciudad, 4 los nueve horas 
del dia vinios de nuestro real salir humo de dos torres muy altas que estaban en el 
Tatelulco 6 mercado de la ciudad." Andres de Tapia C^Belacion," etc., in Col. de Doc.^ 
II, p. 582) : mentions only the " patio de los idolos." '"El Conquistador andnimo** (Col. 
de Doc, I. p. 392) : '« Sono nella cilt4 di Temestitan Messicjo grandlssime et bellissime 
piazze, dove si vendono tutte le cose che usana fra loro. et specialmente la piazza mag- 
giore che essi chianiano el Tatelula, che puo esser cosi grande como sarebbe tre volte 
la piazza di Salamanca, et seno allMntorno di essa tutti portici ; . ." (p. 394) : *' Et oltra 
q'uesta gran piazza ve no sono dell'altre et mercati in che si vendono cose da mangiare 
in diverse parti della citt4." Jiernal Diez de CastUlo C^Historia verdaderat*^ Vedia, II, 
cap. XCII, p. 89) : "y cuando llegamos 4 la gran plaza, que se dice el Tatelulco, como no 
habiamos visto tal cosa, quedamos admirados de la muliitud de gente y mercaderias 
que en ella habia, . ." He also states that the " gran plaza" was "cercado de portales." 
(Cap. CLII, p. 183) : '* que si nos parecia que fuesemos entraiulo de golpe en la ciudad 
haKta entrar y llegar al Tlatelulco, que es la plaza mayor M^jico, que es muy ancha, 
. . ." (Cap. CLV, p. 193) : " que les entr4semos todo cuanto pudi^semos hasta llegalles 
al Tlatelulco, que es la plaza mayor, adonde estaban sus altos cues y adoratorios." 
We notice at once a contradiction. Cortes first mentions a market of Tenuchtitlan, 
and afterward he calls it of Tlatelulco. Archbisho)) Lorenzana identifies it with the 
"plaza de la Universidad," or in the neighborhood of the Cathedral. See Cervantes- 
Salazar (" Tres Dialogos,** p. 9): ''en la esquina de las caller del Arzobispado y 

There were two great market-places in ancient Mexico, one of which was in Tenuch- 
titlan, and the other in the conquered neighboring pueblo of Tlatelulco. Tins is very 

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*' tlatocan " as a conseqnence of tlie formation of the tribe. Crimes 
committed at such localities were punished with unusual severity, 
because they were offences desecrating neutral ground which was 

plainly stated by Torquemeida (Lib. XIV, cap. XIII, p. 555), and it would even appear 
as If, notwithstanding the importance attached to Tlatelulco by many authors, thai the 
principal market was the one mentioned by this autlior as " el que esta en la Poblaciou 
de San Juan . . . ," and consequently the proper "tianquiz" of the Mexican tribe. 
This could only be neutral ground, over which no single kin exercit*ed any authority. 
It may have been different in regard to the ••tianquiz" of Tlatelulco; at least the 
following indications of Durdn (Cap. XXXIV, p. 270) des^erve full attention: •* Fecho 
esto niandd el rey que aquella phi5a y mercudo que ellos gauaron, pues los tlatelulcas 
no tenian mas tierra, que fuese repartido entre los seiiores y que la parte que h cada 
uno cupicse, que de todos los tlatelulcas que alll hiciesen asiento, de todo lo que 
vendiesen les diesen alcauala, de cinro uno, y asi se reparti<5 la pla9a entre todof*, de 
donde cada uno oabraua alcauala de lo que en el lugar que le aula cauido se vendia." 
The above is not quite definite enough, because the *• plaza y mercado •' of which the 
friar speaks, is evidently the one mentioned by him (p. 2<i0): "y encerrdndoles en la 
p]a9a de su mercado, hacidndose los tlatelulcas fuertes, no dexnuan entrar a la pla^a 
nenguno de los Mexicanos en ella," whereas be says (p. 270): "que alii hiciesen 
asiento," as if the place was built over. Tlie fa«*t that the "tianquiz" of Tlatelulco 
was "distributed among the Mt'xicans" is further asserted by Tezozomoc ('* Cronica 
Afexicana,^' Cap. XLVI, p. 75, Kingsborough, Vol. 9): "Axayaca mandd tambien se 
hiciese repartimiento del tianquiz de Tlatilolco li los Mexicanos, y coraenzaron araedir 
primera suerte Axayaca. hiego ftZihuacoatl TIacaeleltzin, luego par su orden Tlacoch- 
calcatl, y a todos los capitanes, que fue tenido el tianquiz en mat de si ganaran cien 
pueblos " It would therefoie appear, if we interpret this " distribution " as it should 
be done, namely: as a dinsion of spoils among the kins, that the latter claimed a share 
of tribute from the traffic or barter going on in the "tianquiz" of Tlatelulco, a fact 
corroborated besides bv that other statement of Durdn (p. 209): "El rey le mand5, 
que pues auian side traidores a su corona real, que de alli adelante queria y era su 
voluntad que aquella parcialidad Mexicana del tlatelulco le fuesen tributaries y 
pecheros como las demas ciudades y provnicias, . . ." This, and the uncertainty as to 
which tianquiz is always meant, favors the assumption that Gotnara (•• Conqui>tta,^' 
p. 349. Vedia I) mentions Tlatelulco when he says : " Los que venden pagan algo del 
asiento al Rey, 6 por alcabala 6 porque los guarden de ladrpnes." Cortis (" Carta 
Segunda,*^ pp. 32, 33 and 34) does not mention it, lor the words : " donde estan ]>ersona8 
por guardas y que reciben certum quid de cada cosa que entra" do not apply to the 
market which he describes as having visited and which, in spite of Hernnl-Diez (" Hist. 
Verdadera,^' Cap. XCII, p. 89) I still believe to have been that of Tenuchtitlan, and not 
that of Tlatelulco. Cortes is strictly followed by Oriedo (Lib. XXXI 11, cap. X, pp. 
300 and 301) whereas Herrera (Dec. II, lib. VII, cap. XV^I, p. 19.'>) copies Gomara. 

I have dwelt thus long on this question because It disposes of the notion that the 
" government " of Mexi<*o levied a tax on the traffic of the members of the tribe. This 
tax limits itself to a tribute paid by the subjected tribe of Tlatelulco alone, because, 
as Durdn says (p. 270) " they had no more soil than that of tlieir tianquiz." This tax 
was distributed among the kins, like any other tribute. But it does not follow that 
therefore the kins exercised judicial power over the Tlatelulcan market. This power 
either remained with the Tlatelulcan tribe, or devolved upon the officers of the tribe of 
Tenuchtitlan. The former is more likely, although the latter might also have been the 
case since the Tintelulcans were treate<l with great severity, as traitors and outcasts 
{Durdn, Cap. XXXI V, pp. 2()9-271). in which case the tribal authorities would have had 
to punish them. 

That the central or tribal " teocalli'* and the courts surrounding it were committed 
to the care of the tribe, as representing all the kins, on equal terms, in the share which 
each had in it, is self-evident, ami needs no further proof. 

Digitized by VjOOQIC 


then respected as open to nse for all the kins in common. ^oi 
So many people met there dail^^ that the daily exercise, at least 
the presence, of judicial authority was absolutely necessary .202 

20 » Lns Casns (" HUtoria apolog^ti^a,'^ Cap. 214, in note XLV of Lord Kingsborongh, 
Vol. VIII, p. 124) : '' pero cuando renlau en los mercados, como a escandalosos y alboro- 
tadores del pueblo eran muy gravemente castigados." Sahagun (Lib. VIII, cap. 
XXXV^I, p. 82.5) says even of those who disposed of stolen articles: "the Judges and 
chiefs took them and sentenced them to death." Torquemnda (Lib. XII, cap. V, p. .381) : 
'• El que hurtaba en la Pla^a <5 Mercado, que llaman Tianquizco, luego allf era mueito k 
palos, por tener por muy grave culpa, que en eemejante lugar, y tan publico, huviese 
tanto atrevimiento." Clavigero (Lib. VII, cap. XVII, p. 484): '• He who ehanged the 
measures established by the government, in open market, was executed on the spot," 
and (p. 487): '* He who stole in the market, was nt once beaten to death." Afendieta 
( Lib. II, cap. XXIX, p. 138) : *' Porque teuian por grave el pecado cometido en la plaza 
6 mercado." 

202 We h:ive again here the eye-witnesses. Cork's C* Carta Segumhi.^^ Vedia, I, p. 32) : 
** Hay en esta gran jdaza una muy buena casa como de au<liencia. d«»nde estan siempre 
sentados diez 6 doce personas, que son jucces y libran todos los c^isos y cosas que en 
el dicho mercado acaecen, y mandan castigar los delinquentes. Hay en la tlicha plaza 
otras personas que andan continuo entre h\ gente mirando lo que se vende y las medi- 
das con que miden lo que venden, y se ha visto quebrar alguna que ePtaba falsa." 
Bernal Diez de Castillo (Cap. XCII, p. 89): Vedia, II, "y tenian alii sus casas, doude 
juzgaban tres jueces y otros como alguaciles ejecntores que miraban las mercaderias." 
These two statements, with more ov less variation, are at the base of all that has 
been subsequently said on this subject, except by SaJiagun (lAh. VIII, cap. XXXVI, 
p. 32:^)^ *'E1 senor tambien cuidaba del tianguiz y de to<laft las cosas que en el se 
vendian por amor de la gente popular, y de toda la gente forastera que alii venia, 
para que nadie los hiciese fraude, ni sin razon en el comercio de la feria. Por esta 
causa ponian por drden todas las cosas, que se vendian cada una en su lugar, y elcgian 
por la misma oflciales que se llamaban tianquizpantlnyacaque, los cuales tenian cargo 
del mercado, y todas las cosas que alii se vendian de cada gencro de mantenimientos 
6 mercaderias; tenia uno de estos cargo para poner los precios de las cosas que se ven- 
dian y para que no huvrise fraude entre los compradores y vendetlores." "Tianquiz- 
pantlayacaque" decomposes into "Tianquizpan," "feriar, o tratar en mercado," Afolina 
(II, p. Hi), and "Tlayacatia," "cosa primera o delantera" (Id., p. 120); consequently, 
** the foremost or first ones of those who trade in open market." We have to discrimi- 
nate therefore between these and such officers as "«a<" ('•estau siempre sentados," 
says Cortes) within that " very good house " in the market, or rather close by, and acted 
as Judges. Herrera (Dec. II, Lib. VII, cap. XVI, ]>. 19.5) says this house was "cerca 
del Mercado"— a statement which he allerwards changes to "en la plaza de Mexico" 
(Dec. Ill, Lib. IV, cap. XVII, p. 137). We are now informed by Torqwrnada (Lib. XIV, 
cap. XIII, p. 55.5) that the tecprin of Tlatelulco "que sou las Casas de Cabildo, y Au- 
diencia" was, at his time, on one of the .'•ides ("aceia") of the market of Tlatelulco, 
and it appears to have been customary for the natives to have the official building 
facing the " tianquiz." Such was the caise at Tezcuco if we are to believe Ixililxochitl 
(" Hist, des ChichimSques," Cap. XXXVI, p. 247) : " Le palais avait deux cours, dont la 
premiere, qui etait la plus grande, servait de place publique et de marclie ; elle est meme 
encore aujourd'hui destinee & cet usage;" and if the market of Tenuchtitlau really 
was where Archbishop Lorenzana places it (see note 200), then it is evident that the 
Mexican tecpan must have been very near it, if not actually facing the square. The 
" great house" mentioned by the eye-witnesses quoted, was therefore, in all probability, 
but the council or official-house of the tribe, and the old men who, in number from 
three to twelve, are said to have officiated as "Judges," were members of the 
"tlatocan" or supreme council on judicial duty, as we shall hereafter see. Those 
officers who circulated among the people maintaining peace and order, were executive 

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It therefore demanded the daily attendance at the official house 
of the tribe of a body of men sitting as "judges." The decisions 
of these judges had to be final even in matters of life and death. 
Therefore the chiefs composing the liighest authority of the tribe, 
the members of the council or ''tlatoca,** were also its supreme 
judges. It is stated that for this daily work the twenty ••' si>eakers" 
were subdivided into two bodies sitting simultaneously in two dif- 
ferent halls of the " tecpan." One of these bodies is called '^ court 
of the nobles" because it attended, not merely to tribal cases, but 
especially to the preparatory business of gov^'ument in general, 
whereas the other limited its decrees to judicial questions only.^^^ 

officers delegated for that special purpose, and, as we shall find, probably under orders 
of the military commanders of the tribe. 

^"^This divinion of the council into two bodies for the purpose of j^eater dispatch 
of judicial work is particularly affirmed by Sahagun (Lib VllI, cap. XIV, p. 303, Cap. 
XV, p..3()4, and Cap. XXV^, pp. 313 and 314),'who, however, contradicts himself in regard 
to the position and rank of his *' Judges." Thus (p. 303) he calls his officers of the 
"sala de la judicatura," '-el i-ey, los senores, consuies. oidores, principales nobles'* 
as distinguished from those of the " audiencia de la causas ci viles," whom he designates 
as *• los senadores y los ancianos," thus intimating, if not asserting, that the former 
were superior to the latter in rank and power. The hall wherein the former met, is 
called "tiacxitlan," the latter "teccalli." I sh dl return to these terms again. He 
further asserts (p. 314), speaking <)f the former: '• Estos tales erau los niayores jueces, 
que ellos llamaban tecutlatocjues." and establishes them as a court of appeal for tlie 
lower court. Now (Cap. XXX. p. 318) he says : *' juntai)anse los sena<lores que llamaban 
tecutlatoques . . ." Consequently, he tacitly admits that the "senadores" who, ac- 
cording to him, composed the ** lower" court were also the equals of those of the higher, 
and all belonged to the same class of officers. Finally, his pulnre of the duties of both 
bodies is rather obscure. He even (p. 3U) might be construed so as to estaulish three 
courts. If we now examine tiie names given by him, we find that of the '' lower" to be 
"house of chiefs," horn **tecuhtli" and "calli." house. lndee<l, Molina (il, p. 92) 
has "teccalli," '* casa, o audiencia real." ••," however, signifles (H, p. 
120) ** en lo baxo, o al pie de los arboles, o de cosa semejante." The proper derivation, 
however, is from "ni tiacxitoca" ''to correct writings, or count over what has been 
already counted" (p. 120), which wouhl indeed correspond to a •'court of appeals." 
"To appeal" is "nitlacuepa;" "appeal." " tlacuepaliztli ; occeccan neteihuiliztii," 
Molina (I. p. 12). It stands properly for the act of demurring, or of returning, folding, 
doubling up. and it is not likely to have been used by the natives to define an ap)>eal 
in our sense of the word. Father Sahagun has probably intnldured the word "tlacx- 
itlan" hhnself. At all events, he is respouhible for the notion of a superior body of 
judges, to wh(mi a lower court, silting in the same house, referred all cases of impor- 
tance, contenting itself with taking testimony and despat<'hing unimportant cases; 
while at the same lime he tells us that the members of both groups held the same office^ 
and weie consequently equal and had the same title. This title we have found to be 
that of the members of the council, consequently the two groups formed but fractions 
of that body, co-ordinated and assi.sting each other, and not a higher and a lower 
branch of a tribal judiciary. 

Father Sahagun and contemporary authors of the Franciscan school, whose writings 
have ju^^t now come to light in the " Libro de Oro," can easil}' be trace<l as the source of 
most of the later pictures of Mexican judicial customs as in the present instance. Thus 
his highest tribunal of thirteen " senadores " reappears in Gomara (" Conquista,^* p. 442, 

Report Peabody Museum, II. 42 

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We thus have found in the "tlatocan" or council, the high 
directive authority of the tribe, the arbitrator between its organic 
component parts, and the chief judicial power within the tribe. 
It is easy to recognize in it a counterpart to the council of the kin. 

Like the kin also which, subordinate to its councils decrees had 
two superior officers for the execution thereof, the tribe had two 
chief executive functionaries. 

Even at a comparatively remote period in the history of the 
ancient Mexicans we may discern two offices, not formally created, 
but naturally growing from what was left of tribal organization, 
which mark the beginning of a chief tribal executive. One of 
these is the '' wise old man*' conducting the "talk ;**204 the other 
is the " big warrior " who led the braves to battle.^^^ The 
former subsequently became *' foreman " in the council, the latter 
'' war-chief** to the tribe. There are indications to the effect that, 
for a while, both offices were held by one person. From the time 
the confederacy^ had been formed, however, we recognize two chief, 
executive agents, ^06 qy\q of which is called the "Snake-woman** 

Vedi.i I): "Los Jueces eran doce . . ." with a higher court of two; therefore, in aU 
fourteen, ^qual to the thirteen of Snhagun with the " Seiior " added. Zurita (" Rapport,^* 
etc., pp. 100 and 105) : *• Les douze juges d'appcl . . ." Mendieta (Lib. IT, cap. XXVIH, 
p. 135) copies Zurita almost literally. By the side of this early Franciscan group 
of writers, there is the picture drawn by the two great Franciscans, Torqueniada and 
Vetancurt. representing a supreme Judge, " Ciliuacohuatl," and four tribunals beneath 
him in authority. This picture is evidently based on such paintings as the " Codex 
Mendoza" (i)lates LXIX and LXX). In my opinion the thirteen Judges of Sahagun 
should be connected with the judicial offices mentioned by Cortes as sitting at the 
"tecpan " (see note 202), rather than regarded as constituting a court of appeals. 

Finally, I refer to IxUilxochitl (" Hist, dea Chichimques," Cap. XXXVl and XXXVII), 
Veytia (Lib. Ill, cap. VH, pp. 109 and 200) and others, in regard to Tezcuco. While 
they distinctly prove the subdivision, for judicial work, of the supreme council into 
two sections, they also show in a very marked manner, the confusion and contradiction 
arising from a misconception of the real case. 

204 Perhaps the earliest mention of such a " wise old man," foremost in the "talk," 
among the Mexicans proper, is that of the tale of the crafty old men, Huitziton and 
Tecpatzin, who are said to have persuaded the Mexicans to emigrate from Aztlan, as 
related by Torquemndn, who is often copied (Lib. II, cap I, p. 78). In early times they 
are also called Captains and loaders, and must not be confounded with the " medicine- 
men" (Id., p. 78). Subsequently these latter sometimes appear as leading speakers. 
Much information can be gathered on this point by carefully and critically reading 
Veytia (Lib. II, cap. XII.XIII, XV and XVIII), Codice Ramirez (pp. 25 to 38), Durdn 
(Cap. IV, V and VI), TezozomociCap.l, II and III). 

206 Torquemada (Lib. II, cap. II, i)p. 80 and 81). Vetancurt (" Teatro MexicaTW,'' 
Parte Ila, Trat. I, cap. IX, pp. 2f)0, 261 and 262). They merely show that the office 
of " big warrior," existed. 

206 This apportionment of the duties of chief-executive among two heads is found in 
many tribes of Mexico and Central America. Thus in Tlaxcallan, Maxiscatzin and 
Xicotencatl, the two head-chiefs, were alike and equal in power. (Cortes, " Carta 
Segunda'* (pp. 18, 46). Bernal Diez de Castillo (Cap. LXVII, p. CO) : "los dos mas prin- 

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("Cilnia-cohuatl,") and the other (erroneonsl}- termed "King"), 
the "chief of men" (" Tlaea-teculitli'*). 

The '• CiHUA-coHUATL " was elected by tlie council for life, or 

cipnles caciques." ^'Anonymous Conqueror ^^ (p. 388): " anchora che in certo modo si 
habbia rispctto a uno die e'el majTsror Sij?nore, che tiene teneva un Capitano gen- 
eiale per la giierra." Moiolivia, •• Hist de lo.t Indios" etc. (Trat. III. cap. XVI, pp. 229 
and 230). Otnedo (Lib. XXXIII. cap. Ill, p. 272) copies Cortes. Gomara (p. 332). Torque- 
mada (Lib. XL cap. XXII, p. 347) say*!< four, of wliich Muxiscaizin was captain ; tlioush 
Uiit* is contradicted Ijy tlie conquerors. XlcotencatI being war-chief. Herrera (Dec. II, 
lib. VI, cap. X, p. 152) reports the speech of XlcotencatI : " que bien debia de saber, que 
era XicotencatI Capitan General de la Ilepublica de TIaxcala." and especially his in- 
teresting tale of the Tla.xcaltecan council in Cap. Ill, pp. 131) and 140. Tezozomoc 
(Cap. LXXXVI, p. 150) :*' el rey XicotencatI," (Cap. LXXXVII, p. 152) : " el rey Maxisc^t- 
ziu." About Chalco, compare *' Tenure of Lands" (p. 3!)7. nrto Ui). aIt»o about Xochi- 
niilco and the Tecpanecas. In regard to the Matlatzinca. Zurita (" Rapport, ' etc., p. 
389) says there were three chiefs, who occupied the highe-^t power in succeseion. This 
statement is copied by IJerrera (Dec. III. lib IV, cap XVIII. p. 139). The Totoimcas 
had two chiefs. Durdn (Cap. XXL p. IHl. Cap. XXIV, p. 20a). The "Cazonzi" of 
Michuacan Is represented by Herrera (Dec. III. lib. Ill, cap. V, p. 86, VI, p. 87) as 
being assi>ted by "his captain-general," and the anonymous document copied by 
Don Florencio Jane r iroiw the Codex C-IV-5 of the Escurial Library and published, 
without date, though evidently written between 1534 and 1.551, entitled ** Relacion de 
las ceremonias y ritos^ poblacion y gobierno de los indioa de la provincia de Mechuacan, 
hecha nl llVmo Sr. D. Antonio de Memloza^ Virey y Gohernador de Nueva EitpaTia" 
says ("Primera Parte," p. 13) : ** pues habia un rey y tenia su gobernador, y un capitan 
general en las guerras, y componiase conio el mi^^mo cazonci." This is very sig- 
nificant, especially because it is represented as being instituted by divine will. 
"Dicho sea en la primera parte, hablando de la historia del dios Curicaberis, como los 
dioses del cielo le dijeron como habia de ser rey, y que habia de conquistar toda la 
tierra, y que habia de haber uno que estuviese en eu lugar, que entendiese en niandar 
traer lena para los ques." The evidence is positive about the QQuich^ of Guatemala* 
and furthermore very interesting. Zurita (" Jlapport,*' etc., pp. 405 and 40G) mentions 
three chiefs, in a manner exactly similar to those of MatIat/:inco, and Herrera (Dec. 
Ill, lib. IV, cap. XVIII, p. 140) follows him implicitly. Torquemada (Lib. XI, cap. 
XVIII, pp. 338 and :^9) is of the same opinion, althougli it is easy to see that in fact there 
were <m'o hea«l-chiefs and not three, since he says: "Era el primero de todos el Rey 
actual; es a saber, el Abuelo: luego el Rey electo para despues de sus Dias; tras el, 
el que tenia nombre de Electo, etc." Consequently there were always two with the 
principal title. Pedro de Alvarado {^* Jielacion a Hernando Corte's" Utiatlan, 11 of 
April, 4524, Vedia I, p. 458) speaks of "cuatro seiiores de la ciudad de Vilatan." An- 
other eye-witness of the conquest of Guatemala, Bernal JHez de Castillo (Cap. CLXIV, 
p. 220) speaks of " dos capitanes senores de L'tatlan." We have fortunately, in regard 
to the tribes of QQuiche language, a very positive source of great value. This is the 
♦' Popol-Vuh" (p. 339). Enumerating the "Nim-Ha Chi Cavikib," it specifies from tlie 
fourth generation on (" U. cah. le"), always two cliiefs, stating positively: ** Oxib- 
Qnieh, BelehebTzi, u cablahu-le ahauab. Are-cut que ahauaric ta x-ul Donadiu, x-e 
hitzaxic rumal Cnxtilan vinak"( p. 338). Consequently Alvarado executed two chiefs. 
Besides (p. 340), it even mentions their la^t successors, with Spanish names. At the 
close three "great-elected ones" (" Nim-Cliocoh ") are mentioned, but only two are 
named, the one from '• Nihaib " and the other from " AliauQQuiche." We find here the 
exact counterpart of the Mexicans, before their fiuht witli Tlatelulco.— two chiels of 
Mexico, and two chiefs of Tlatelulco, Moquihuix and Teconal. See the authors on that 
subject. In regard to the Maya of Yucatan, see Lizana ('* Derocionario de Nuestra 
SeTiora de Itzmal," §IV), also VillagtUierre y Sotomayor (" Historia de la Conquista y 
lieducciones de los Itzaex y Lacandones," Lib. Vlll, cap. XVI, p. 514) 

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during good behavior.2<>7 We find in the Codex Mendoza — the 
earliest date connected with the office — the 83'mbol of "snake- 
woman" affixed to the head of ''Handful of Reeds," who was 
inaugurated ''chief of men" in 1375.208 The inference may be 
permitted, therefore, that at one time both offices were held by 
one and the same incumbent. At all events, the "Cihuacohuatl" 
becomes prominent only after the f<n'mation of the tri-partite con- 
federacy embracing the Nahuall tribes of Mexico, Tezcuco, and 
Tlacopan.209 But the position which he occupies thereafter is a 

2°7Most of the oMer authors assert that the " Cihuacohuatr' was appointed by the 
"King:." How was it po^jskble for an officer to appoint his own equal, or associate 
officer? Torquemada (Lib. XI, cap. XXV, p. ;i'>2), says: "Despucs del Rei, liavia un 
Presidente, y juez mayor, cuio noinbre, por ra5on de el oflcio, era Cihuacohuatl : esto 
oflcio se proveia por el niismo Rei ; " and again he concedes to the Cihuacohuatl '' porque 

de su ultima determinacion no havia rccurso k otro aqui parece lo mismo 

que reservando el Rei Mexicano para si, la autoridad Real, le hace su igual en la judi- 
catura; y afiade, que parte de sus Determiuaciones, y Sentencias, no tengan recurso al 
Rei, que es condicion, y calidad, que engrandece mas la Persona de el Ciliu.icohuatl." 
Now, either the Mexicans were under a constitutional monarchy of the most improved 
kind,— of which there is no evidence hince there was not even a division of powers,— or 
else the Cihuacohuatl was not appointed, but elected in true democratic fashion Vetnn- 
curt (Paite II, Trat. II, cap. I. p. 3G'J) is still jdaincr; " Tan absoluta era la autoridad 
que le daba. que reservando el rey en si la autoridad real, era en la judlcatura igual." 
Such an officer could only be appointed (if he was appointed and not elected), by the 
highest authority of the tribe, which was the council. Such is the version^of Tezozomoc 
('• Cronica" Cap. LXXIX, p. 137): "y acabado de celebrar su entierro yquemazon de 
su cuerjio, que lo sintid mucho el rey Ahuitzotl.ptmeronen su lugar su hIjoTlilpotonqui, 
Zihuacohuatl por sobrenombre." Codice Ramirez (p. 67) : '* Antes que fuesse coronado 
recien electo adolescid el famoso y sabio capitan Thicaellel, de la qual enfermetlad 
murid; en el articulo de su muerte Ilam6 al Rey electo y le encarg6 mucho a sus hijos, 
especialmente al mayor, que daba muei^tras de ser mny valeroso, y habia hecho grandes 
hazanas en las guerras. El nuevo Rey por consolarle despues de haberle hablado mny 
tiernamente con muchas lagrimas, hizo llamar a los de su consejo real y rodeados 
todos del lecho de Tlacaellel mandd llamar el Rey al hijo mayor de Tlacaellel. y alii en 
presencia de su padre y de su consejo, le did el mismo oflcio de su padre, de capitan 
general y segundo de su corte con todns las preeniinencias que sn padre tenia." Even 
if there had been such an officer as a " King of Mexico " he could not have •' appointed " 
anybody before his coronation. The ceremony indicated was therefore an election by 
the council. This is fully conflrmed by Durdn (Cap. XLVIII, p. 381): "llamando al 
hijo mayor, con parecer de todos los grandes, lo puso en la misma dinidad que el padre 
aula tenido, que era ser segundo despues del Rey en la corte, y mandd fuese honrado 
con la mesma veneracion que su padre aula sido jurandoles todos por principe de 
Mexico, al qual le fu6 puesto el nombre de Ciuacoatl." 

208 »' Codex Mendoza^* (Tab II), and the explanation says: "Las dos flguras con sus 
titulos 6 nombres de Acnmapichtll son una misma cosa reservida en substancia, por 
que la primera flgura demuestra el principio' subcesion del dicho seiiorio . ." In note 
(p. 8, Vol. VI) of '^Antiquities of Mexico,'* Lord Kuigsborough adds the very sensible 
remark: "The first figure probably denotes that Acamapichtli, before he was elected 
King, possessed the title of Cihuacohuatl. or supreme governor of the Mexicans; when 
Mexico afterwards became a monarchy, this title was retained." The token for 
"Cjhuacohuatl" a female head surmounted by a snake, is also found in the pictures of 
Durdn (Lam. 8a). 

*»» Durdn (Cap. XXIV, p. 205): •' Monte5uma se volui<5 a ciauacoatl Tlacaellel, que 

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very important one. The most specific Mexican chronicles call 
him '' coadjutor to the King," '' second King," " governor/'^io 
By other authorities he is mentioned as '' vice-roy,"^** and more 
frequently 3^et as '' supreme judge. "'-^^^ Finally, eye-witnesses of 
the conquest apply to the '* snake-woman " the titles of '' keeper 
of the tribute "2^3 and *' captain-generar* of the Mexicans.^i^ 

le aula pnepto por renonibre y grande^a aquel niievo ditado que." TezozomocC'Crbnica,'* 
cap. XXXIX, p. 35) inentioiis the title together with the first actions of " wrathy chief," 
tlie Elder. But it also appears to have been very much ohler. Ixtlilxochitl {*■' Rela- 
cionea histdricns^^ Segunda lielacion, p. 323, Vol. IX of Kingsborough), speaking of the 
migrations of the ToUecs says : " llejjaron ft XhHsco. tierra quo estaba cerca de la mar, 
y aqui estuvieron ocho aiios, siendo descubridor ZuihcohuatI, tambieu unode los cinco 
capitanes inferiores.** Veytia (Lib. I, cap. XXII, p. 220) attributes to the same the dis- 
covery of another region. It appears as if this title.— whose origin we may speculate 
ui)on but, as yet, without any hope of positive results,— was always in existence, but 
appeared as a distinct office only after the confederacy had been formed. A historical 
question of some interest looms up here: whether or not the first reported incumbent 
of the office after the formation of the confederacy, Atempanecatl Tlacaeleltzin, really 
existed. Torquemiida (Lib. IL cap. LI V, p. 171) denies his existence, and perhaps hints 
at the "Codice'R:miirez" when he speaks of "la mala, y falsa Relacion, que de esto 
tuvo, que j'O tengo enuni poder e.scrita de mano, con el mismo lenguage, y estilo." Sr. 
Jo8d F. Ramirez alreidy notice«l tliis sally of the provincial, in note 1 (p. 382) of DurdUt 
" Hist, de las Yndias," etc., and recognized it at once as applying to the Codice U. 
Veytia (Lib. II, cap I, p. 82, etc.) acknowledges the existence of TIacaellel. so does of 
course Acoata (Lib. V^II, cap. 14, 15, 16, 17 and 18), and all those who followe<l the same 
sources as the *' Codex Ramirez." The present city of Mexico, however, has two 
monuments which, to my judgment, establish beyond a doubt the existence of this 
Tlacaellel. One of tliese is the "Stone of Sacrifice," and the other a commomorativo 
slab, figured and described in No. 2 of Vol. I. "^Aiutles del Museo Xacioiial de Mexico^" 
by the great Mexican scholar, .Sr. Orozco y Btn*ra. See mj' article in No. I, Vol. II of 
the '^American Antiquarian,** *' The Natiomil Museum of Mexico and the Sacrificial 
Stone " (pp. 23 and 27). 

2i» For these titles I refer in general to the Codice liamivez, Durdn, and Tezozomoc. 
Quotations are u'seless and would only serve to increase the size of the volume 

2'* Alreadj^ Tezozomoc mentions him a " tenicnte " Torquemada (Lib. XI, cap. XXV, 
p. 352). Vetancurt ('* Teatro Mexirano," Parte llr/, Trat. IT, cap. I, p. 3(il)): '* Despues 
del Rey que heredaba, como se Ha visto guardando el ordeu de la sangre real, habia un 
virey que llamaban Cihuacohuatl, que el rey provela y era su segunda persona en el 
gobienio, de cuya sentencia no habia apelacion al rey." 

2»a Torquemada ( Lib. XI, cap. XXV, p. 352). Vetancnrt (" Teatro,'^* p. 3 )0). Clnrigero 
(Lib. VII, cap XVI, p. 481). Prescott (" Conquest," B'k I, cap. II, p. 2U). H. H. Ban- 
croft (•* Native Races,'' Vol. II, cap. XIV, pp. 434 and 435). Codex Mendoza (Tab. LXIX, 
" Myxcoatladotlac, Justicia m;iyor"). 

213 BernalDiez de Castillo (" Hist, verdadera, etc." Cap. XCI, p. 87, V^edia H) : '^Ac- 
uerdome que era en aquel tiempo su m:iyordomo un gran cacique que le pusimos por 
nombre Tapia. y tenia cu nta de todas las rentas que le traian al Montezuma, con sus 
libros hechos de papel, qun se dice amatl, y tenia destos libros una gran casa dellos." 
Now this "Tapia" reappears again as "governor" of Mexico in diff«'rent places. 
'' Relacion de la Jornada que hizo Don Francisco de Sandoral Acazitli, Cacique y SeTior 
Natural que fad del pueblo de Tlabnanalco'" ("Col. de Documentos." Icazbalceta. p. 
315, V^ol. II): "y a solos los Mexicanos llevd. y fueron por sus candillos Tapia y D. 
Martin el de TIatelulco." " Cuarta Relacion Anonima de la Jornada de Nuho de 
Guzman" (Col. de Doc. II, p. 471): '• Viendo el senor desta clbdad de Mexico, que se 
llama Tapia." Letter of the •* Oydores " Salmeron, Maldonado, Ceynos, and Quiroga 

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Every one of these designations conve3's a certain amount of truth, 
though none of them adequately defines the office, the true nature 
and position of which become clear only through a glance at its 
early histor3^ Tribal executive as a permanent office, (which 
must alwa^^s be distinguished from a hereditary dignity), was 
created under the pressure of extrenie need. The warrior who 
enjoyed the confidence of the tribe, who was not only daring and 
brave, but had also given proof of wisdom in the councils, 
became the people's choice as leader. The Mexicans were then 
in an attitude of defence ; their own existence was at stake, and 
it was but natural, therefore, that the leading '* talk " should be on 
military subjects, and that consequently the prominent war-captain 
should become the prominent '^speaker," or foreman of thecouncil.^i^ 
In this manner we come to notice but one executive chief until 
the confe<leracy was formed. His duties were plain, even simple, 
at that time. He resided at the official house and superintended 
the exercise of tribal hospitality there ; he was foreman to the 
council, and the leading executor of its decrees as far as tribal 
jurisdiction extended ; h'^ controlled the receiving and housing 
of the modest crops gathered from the '' lands of the official- 
house" (tecpan-talli),2i6 which, together with the customary pres- 

(2rf •' liecueit" of*^ Ternaux Compans,'* dated Mexico, 14 August, WM): "Ainsi I'on dit 
qii'uii certain Tapico, qui gouveniaic la partie du Mexique que I'ou aupelle Temixtitan." 
I find also the following in the municipal reconia of Mexico: ^'Actas de Cabildo" (Vol. 
I. p. 75; *'Viernes 17 <le Agosto 152;), aiioa"): '• Este dia de pedimento de Diego de 
Ordaz vecino do esta Cibdad le hizieron merced de le conflrmar cierta compra que hizc 
de Guanachel cacique que se llama Tapia de un sitio de casa que ei^ta cabe Ban 

The "gobernador" of Mexico, after the conquest, and restoration under Spanish 
rule, was the former '- Cikui^cohuatl " This is plainly stated by Cortes (" Carta Cuarta,** 
Vedia I, p. 110): •♦hice a un capitan general queen la gnerra tenia, y yo conocia del 
tiempo de Muteczuma, que tomase cargo de la tornar a poblar. Y para que mas autori- 
dad su persona tuviese, tornele ft dar el miamo cargo que en tiempo del sefior tenia, 
que es ciguacoat, que quiere tanto decir como lugar-teniente del sefior." Therefore 
the appellation ol BernalDiez, applies evidently to this officer. 

''x Cortes (•• Carta Tercera," p. m. " Carta Caarta," p. 110, both in Vedia I). Gomara 
(" Conquista," etc., Vedia 1, p. 392) : ** Vino Xihuacoa, gobernador y capitan general." 
Herrera (Dec. Ill, lib. II, cap. VII, p, 5.J) calls him " Guacoazin. Principal consejero 
del Rei, i su Liigar teniente, " Torqaemada (Lib. IV, cap. C, p. 567) : " Salid un capitan, 
llamado Cihuacohuatl TIacotzin." 

2" Codice Ramirez (pp. 34 and 35) : *' Mira, Sefior, que vienes ft ser amparo y sombra 
y abrigo desta nacion Mexicana . . . ." Joseph de Acosta (Lib. VII, cap. VIII, p. 4G8). 
Torquemada (Lib. II, cap. XIII, p. 95) : ** La causa de su Eleccion, fue, aver crecido en 
numero, y esiar mm rodeados de Enem'gos, que les hacian Guerra, y afligian." 

210 " Tenure of Lands** (pp. 405, 40(5 and 419). I beg leave to ctMiect here a mistake 
of mine in note 75, p. 420. At the close of said note it reads: ''Tlie above quotations 
show conclusively that the soil of the ''tecpantlalli" was held and vested iu the King 

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ents, constituted the tribal stores ; finally he commanded the 
people when in arms. The overthrow of the tribes of Azcaput- 
zalco and Cnyuacan, by rendering these pueblos tributary, and 
compulsory allies of the Mexicans in warfare, suddenly increased 
these duties to such an extent that an assistant or colleague, a 
second head-chief, became necessary. Finally, when the confed- 
eracy came into existence, the first of these two chiefs was made 
its military commander, thus burthening him with duties of an 
extra-tribal nature.^i^ He, therefore, had to relinquish a corre- 
sponding share of tribal business, which naturally fell to his 
associate. This associate, as we have already stated, was the 
'* snake-woman" or ''Cihuacohuatl," the proper head-chief of the 

As daily leader of the council's ''talk," the foreman of its delil>- 
erations, the '* snake-woman" appears in the light of a judge, even 
of a supreme judge. But while, on all important occasions, he 
was the spokesman ^is of the council, and the awards he declared 
and the sentences he pronounced, were final and admitted of no 
appeal, yet it was only so because they emanated from the 
council, and n«»t because they were his own individual decrees 
He remained always subject to the authority of that bod}', and, in 
a general way, he can be said to have superintended the execution 

. . ." In place of it. *• ve ted in the Kin** is the proper rending. The mistake is wholly 
and exclutiively mine — a " slip of tlie pen," winch I neglected to correct in time. 

217 The Ti'zciican writers, repvesenlcd by IxtlilxiKhitl (''Hist, dcs ChtchimJiqnfS,^* 
Cap. XXXII and XXXIV) claim the leaderaldp for Tezcuco. but the facts tlisprove it. 
Compare aK'^o " Tenure of Lands" (pp. 4K5, 417 and 418). 

^^» Fragmento No. 1 C' liib/inteca Mejcicana^* — *' Xoticittn relativas al lieiuado de 
Motecuzama I Ihmcumina,** p. 124): "Junio-i los principalcs Mexicanos, el Rey les 
dixo lo que el Rey de Tetzcuco pedia. y todos dierou l;i mano & Tlacaellel, el cual 
respondio en nombre dc todos a f*u Rey." Durdii (Cap. XIV, p. 118): "Tlacaellel, que 
en todo era eUi)rinicr voto y a quien se dava la mano en re.-*ponder." (Cap. XV. p. 
128) : '• Todos dieron la mano a Tl icaellel para que respondiese al rey." (Cap. XXIX, 
p. -240): "Tlacaellel, poniendose en pi^, dixo desta manera, etc., etc." (Cap. XXXI F, 
pp. 254 and 25.5, Cap. Llll. p. 417.) Tezozoinoc ^Cap. XVIII, p. 28. Cap. XIX. p. 30) : " Y 
asi oydo esto por los principales Mexicanon tomd la mano de hablar Cihualcoatl 
Tlacaeleltzin y dijo: h'jo y nue?tro muy querido rey, os encargaos que veais niuy bien 
lo que quereis hacer . . ." (Cap. XXI, p. ;t2) : "Pasados algunos dias dijo el rey 
Moctezuma ft Zihuacoatl Tlacathlizin general y oydor . . ." 'Llegados todos los 
seiiores de los dichos pueblos al paiacio del rey Moctezuma, y sentados cada senor 
segun su meiecindento y valor de sus per.«onas, digeron el rey Moctezuma, y su presi- 
dente y capitan general Zihuacoatl TIacatleltzin." (CajK XXXI. p. 48). (Cap. XXXVI. 
p. 57): "que el primero era su real cons<'gero Zihuacoatl Tlacaeleltzin, . . ." (Cap, 
XXXIX, p. (>2, Cap. XLIII. p. (59): "Lnego en el paiacio del rey Axayaca sin salir los 
grandes, ni nadie, probiguid Zihuacoatl Tlacaeleltzin . . ." Further, quotations are 
superfluous, particularly from this author. 

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of its judicial decisions, altliougb, as will be seen hereafter, this 
part of the duty was properly assigned to other officers. 

The " Cihuacohuatl " was responsible to the council for the 
careful housing of the tribute received, as far as it was applied to 
tribal requirements, and for the faithful distribution of the remain- 
der '^^^ among the kins. This, and the fact that he kept the 
paintings recording the tribute, has caused Bernal Diez de Castillo 
to call him *" ma^'ordomo mayor," or general Intendant, and 
" keeper of the tribute" as we have already mentioned.^^^ 

How the " snake-woman" was the actual associate and colleague 
of that other chieftain who, after having been originally principal 
war-chief of the Mexicans, became at last commander of the con- 
federate forces, we have already noticed. 221 We shall yet recur 

"0 This results from the authority exercised by the Zihuacoatl over the captives in 
war. I have already alluded to this feature, and now.but recapitulate the following 
quotations: Durdn (Cap. XIX, pp. 172 and 173). Also Tezozom)C (Cap. XXIX, p. 45, 
Cap. XL, pp. 64 and 05, Cap. LXII, p. lOt, Cap. LXVI, pp. 110, HI, Cap. LXX, p. 115)), 
etc., etc. 

"" Bernal Diez de Castilh (Cap. XCI, p. 87, Vedia II) : " Acu^rdome que era en aquel 
tiempo 8u niayordonio mayor un gran cacique que le pusimos por nonibre Tapia, y 
tenia cuenta de todas las reutas que le traian al Montezuma, con sus libros heclios de 
su papel, que se dice amatl, y tenia destos libros una gran casa dellos." 

22> There is no doubt in regard to the equality of rank, though the duties were some- 
what different. '• Codice Ramirez," (p. G(i): "Concluidns las obeeqnias, el capitan gen- 
eral Tlacaellel que todavia era vivo, juntd los del consejo supremo EstO!? juntos 

.... trataron de elegii- nuevo Key, y todoa se encaminaban al valeroso Tlacaellel, el 
qual pomo otras veccs, nunca quizo admitir el Reyuo, dando por razon que mas litil 
era 4 la llepiiblica que hubiese Rey y coadjutor que le ayudasse como era el, y no solo 

el Rey Pero no por esto dejaba de tener tanta y mas autoridad que el mismo 

Rey, porque le respetaban y honraban, Servian y tributaban como & Roy, y con mas 
temor. porque no se hazia en todo el Reyno mas que lo que el mandaba. Y assi usaba 
tiara y insignias de Rey. saliendo con elliis todas las vezes que el mismo Rey las sa- 
caba." (P. 67), when the old Zihuacoatl died, his successor was elected : "con todas 
las preeminencias que su padre tenia." The '* Fragmento iVo. I" ("AToiictts relativas 
al Iteinado de Motecuzuma Ilhuicaminn*^) is very positive also, almost always 
mentioning both officers together. Dnrdn (Cap. XXVI, p. 215): '-Ordenose que 
solo el rey y su coadjutor Tlacaellel pudiese traer ^apatos en la casa Real y que 
ningun grande entrase cal9:ido en palacio, so pena de la vida, y solo ellos pudiesen 
traer 9apatos por la ciudad, y ningun otro ...."; (Cap. XXXII, p. 2.55): "Tlacaellel 
respondio : qu^ mas honra puedo yo tener que la que hasta aqui 6 teuido? que mas 
senoiio puedo tener del que tengo y e tenido'r pues ninguna cosa los reyes pasados an 
hecho sin mi parecer y consejo en todos los negocios civiles y criminales . . ." ; (Cap, 
LXI, p. 326), the speech of Tlacatllel there reported is rather too lengthy to copy. Its 
substance is contained in the closing words : " luego rey soy y por tal me aueis tonido; 
pues que mas rey quereis que sea? y asi como asi tengo de tener el mismo oflcio y 
exercicio, hasta que me muera .... Sosegaos, hijos mios, y hacc \u\ volnntad, que ya 
yo soy rey, y rey me ser^ hasta que muera; . . ." (Cap. XLIV, p. 357): "el viejo 
Tlacaellel, ft la mesma niancra, al qual, dice esta ystoria, re>petauan como S, rey;" 
(Cap. XLVUI. p. 381): "el nombre de Ciuacoatl, que el padie tenia, el qual era ditado 
de mucha grandega eredado de los dioses; y asi desde aquel dia le llaniauavan Tlil- 
potonqui Ciualcoatl, que era sobre nombre diuino." Tezozomoc (" Cronicuy'^ Cap. 

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^o the relative positions oceiipietl by both officers, and merely 
advert, here, to the fact, that, since the latter has coramonly been 
called a monarch, the designations of " coadjutor to the King," 
" second-King,'* previously quoted, are explained, though not 
justified. The same explanation applies to the title of '' vice-roy," 
or *' royal lieutenant." 

Finally, the •' Cihuacohuatr* was ex-oflSeio commander-in-chief 
of the Mexicans proper, whenever his colleague directed the entire 
confederate force.^^a jf^ however, this was not the case, then the 

XXXIII. p. 53) : "De la manera que fue restl«lo y adornnd^ Moclezuma. lo fiieron tam- 
bien Zihuaco»tl y Tlacaelcltzin ; " (Cap. XXXVI. p. 68) : •' pnes solos dos eran los que 
havian de teuer catles, que eran 3Ioctezuroa, ZihuacoatI y Tlacaeieltzin, couio eegunda 
persona del rey. porque se entendi^se Imvian de ser leniidos de todos los grandes del 
Iniperio; " (Cap. Xl-., p. 60), SpeecU of Tlacaellel : •• tocante a lo que tratais del senorio, 

yo sienipre lo he tenido y teugo, porque yo como 8egunda i>er8ona que siempre 

fui del rey y de los reyes pnsados, etc." Further quotations IVom this author would 
become too numerous, consequently too bulky. Benidcs the.^e sources, to which should 
be added Joseph de Acofta (*' HUt! natt y moral," Lib. VII, cap. XVII. p. 494, Cap. XVIII, 
p. 495), wo find "^igniflcunt testimony in two authors who certainly did not gather their 
information at the source, from which the above series of authors obtained theirs. I 
refer to Jtmn de Torquemada C' lyfonnrchia Indiana," Lib. XI, cap. XXV, p. 352): 
**Aqui parece lo mismo, que reservando el Rei Mexicano jiara si, la antoridad Real, le 
hace su 'gual en la Judicatura." Vetan urt (•• Teatro Mexicano," l*arte Ila, Tratado 
ir, cap. I, p. 309) : '♦ Tan absolut;i era la autoridad que le daba, que reservando el rey 
en si la autoritlad real, era en la judicatura ignal." In regard to the fact that both 
chiefs wore the same characteristic ornaments and dress, see Durdn (L4mina 8a to 
Cap XXIII of Trat. I*), also *' Codex TeUfrifino-Iiemensis^" comparing it with the head- 
dress of the leading figure of the sculptures on the rim of the cylinder known as the 
•* sione of sacrifice," in the Museo Nacional of Mexico. 

aa2"Corf/fC Ramirez" (pp. 59, 60, 61, 62 and 63), treating of the •• capitan-general 
Tlacaellel:" haziendo hazanas dignas de gran niemoria por medio de su general 
Tlacaellel." The war against Chalco was waged by the Mexicans and their confeder- 
ates, therefore we read (p. 4) : " Y asi fu^ que acudiendo esto Rey en personas & la 
guerra." (P. 67) his office was : •* de capitan-general y segundo de su corte. . . Durdn 
(Cap. XVII, j>p. 147 and 148), war against Chalco. when both chiefs went along. (Cap. 
XVIII, p. 1.58), foray against Tepeaca. both chieftains in the field, as both Mexicans and 
confederates participated. (Cap. XIX). against tlie Huaxteca. (Cap. XXII, p. 189): 
*' Tlacaellel, principe de la milicia," in the raid aj?ainst Coayxtlahuacan. In place of 
Tlacaellel, •* era ya viejo y que no podria ya ir a guerra tan apartada." Cuanhnochtli 
commandetl the Mexicans. The most explicit and positive author of all is Tezozomoc 
{'' Cronica Mexicana,'* Cap. XIX, p. 32, Cap. XXI, p. 32): ••Zdiuacoatl Tlacaeieltzin 
general y oydor," — *'y su pre-^idente y capitan-general ZihuacoatI Tlacatleltzin." In 
regard to the protracted hostilities against the tribe of Chalco, it is stated that the 
♦Cihuacohuatl" alone commanded (Cap. XXII, p. 34); but it follows from p. 35, that 
after the first bloody though indecisive fight, the allies were called upon ior assis- 
tance, although Tezozomoc says it was only a delegation to insure their quiet. This 
explains the contradiction between him and the two preceding authors. In (Cap. XXIV, 
p. :i7), he acknowledges that Montezuma Ilhuicauiina went along, together with Cihua- 
cohuatl. Tlie fact, that the conquest of Chalco was made by the Mexicans, with 
the assistance of allies, is conceded by other authors. See Torquemada (Lib. II, cap. 
XLIV and L). Ortega ('•.Apendice" to Veytia, Cap. lU, pp. 240-243). Therefore the 
Cihuacohuatl commanded the Mexicans. In the foray against Tepeaca and Tecama- 
chalco, the conlederate forces sallied out, (Cap. XVII): ''cada uno con su capitan y 

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latter led the Mexicans in person, or a substitute for either of 
them might take the command .2^3 During tlie last days of 
aboriginal Mexico, when warriors from different tribes, together 
with the head-chiefs of Tezcuco and of Tlacopan, crowded into 
the Invested pueblo, the so-called " King of Mexico" appeared as 
the confederate commander, while the " snake- woman " only 
wielded the authority and performed the duties of "captain- 
general " of the Mexican contingent.224 

All these different attributes may be united in the functions of 
one office, namely : that of head-chief of the tribe. As such, we 
must consider the '* Cihuacohuatl," and as such was he recognized 
by Cortes when in 1521, he created the last "snake-woman" 
"governor" of the remnants of the Mexican tribe and of the 
so-called Indian wards within which they "were" subsequently 

We have seen that the " snake-woman " was the colleague, or 
associate in matters of tribal importance, of another officer, who had 
originally filled his place, but whose sphere of action had been so 
much extended through the formation of the confederacy, that a 
colleague became needed in tribal affairs. This officer, commonly 
entitled " King of Mexico," sometimes even " Emperor of Anahuac," 
was the "chief of men," " Tlaca-tecuhtli ".226 

capitanes senalados," and both war- chiefs of Mexico were present and in the field 
(p. 41). Not to increase the volume of quotations beyond measure, I shall simply add 
that, as the Cihuacohuatl grew older and could not well go to war, otlier captains took 
his place. These captains I will refer to hereafter. Acosta (Lib. VII, cap. XVIII). 

228 Evidence to that effect is found in Durdn (Cap. XXII, p. 189), and especially in 
Tezozomoc (Cap. XLVIII. p. 78) : •' Cunuhnochtli, capitan general " (Cap. LXXI, LXXII 
and XCI, pp. 160 and IGl, etc., etc.). This explains why the title of chief-commander of 
the Mexicans is so variously stated. See the very sensible remarks of Clavigero (Lib. 
VII, cap. XXI, p. 494, etc.). These chiefs were, in this instance, temporarily appointed, 
since it was not the creation of an office, but simply a delegation of power for a certain 
special purpose. When the foray was over, the charge ceased to exist, the war-chief 
returning to his original rank. 

224 CorUs (•« Carta Tercera," Vedia I. p. 89): E dende a poco volvid con ellos uno 
de los mas principales de todos aquellos que se llamaba Ciguacoacin, y era el capitan y 
gobernador de todos ellos, 6 por su consejo se seguian todas las cosas de guerra." 
This fact is generally accepted, and needs no further proof. 

225 CorUs (" Carta Quarta," Vedia I, p. HO). Petition to Charles V, by four Indian 
chiefs of Mexicoy June 18, 1532, in " Cruautis horribles des Conquerants espagnols,*^ of 
Mr. Ternaux-Compans, Ist Series (Appendix, pp. 265, 266 and 269): ''Moi, don Her- 
nando de Tapia, je suis feu de Tapia, et ancien Tucotecle, gouverneur de Mexico, sous 
le marquis del Valle." Herrera (Dec. Ill, lib. IV, cap. VIII, pp. 122 and 123). Bernal 
JHez de Castillo (Cap. CLVII, Vedia II, pp. 198 and 199). Icazbalceta in Cervantes- SaXazar 
(" Tres Didlogos," Introd. to 2d Dialogue, pp. 75 and 76). 

22«I have used this title, perhaps for the first time among recent writers, in ^^Art of 
Wdr,^' (p. 123). Tezozomoc (Cap. LXXXIII, p. 146). Ramirez de Fuenleal {'^ Letter y 


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In the 3'ear 1375, according to the Mendoza Codex, the first 
incumbent of this office was elected by popular vote.^^^ From 
that time on, the office remained strictly elective and non- hereditary, 
in so far as, like the chief officers of the calpulli, the descendants 
of the former incumbent were preferred to succeed him ; provided 
they were undoubtedly competent.^^s But no rule of succession 

etc." in Ist JiecueU of Ternanx-Compans, p. 247). Codex Mendoza (Plate XVIII): 
•• Tlacatectll goberna«lor" also the '• Deelaracion de la flgui-ado." Sahagtm (Lib. VI, 
cap. XX, p|). I'iii and 138). This very remarkable chapter deserves to be closely studied, 
Bince it embodies the principles upou'.which the aborigines of Mexico filled their offices, 
and the bases of their mode of government. It would be too long to attempt a full 
analysis of it, and anytliing short of a careful study would lail to give an adequate 
conception of its importance. I merely refer to the statements of the celebrated Fran- 
ciscan in regard to the title under consideration: "porque ya esta en la dignidad y 
estrado, y tiene ya el principal lugar donde Ic puso nuestro sefior? ya le llaman por 
estos nombrcs tecatlato, tlacatecutli, por estos nombres le nombran todos los populares 
. . . ." This passage and the succeeding one: " y alguno de estos tornado de la repub- 
lica por rey y seiior," clearly indicate that the title is that of the so-called "Knig" 
or •• chief of men; " (p. 138); however, he mentions the *' tlacatecutli " as one of *' dos 
senadores para lo que toca al regimiento del pueblo." There is an evident contradic- 
tion here, which is very similar to the one already noticed in regard to the two sections 
of the council, in a former note. 

237 Codex Mendoza (Plate 11). Mendieta (Lib. II, cap. XXXIV, p. 148). In regard to 
this Chronology, compare the late and highly valuable work of Don M. Orozco y Berra, 
(*' Ojeada sobre la Cronologia Mexicana " in the " Biblioteca Mexicana*^ — an Introduction 
to a reprint of Tezozomoc). The learaed author has brought to li^jht muny highly val- 
uable facts. That " Acamapichtit '* or " Handful of Reeds " was elected^ is abundantly 
proven by many authorities, so that detailed quotations are useless. 

aaaxhe fullest report is contained in Snhnyun (Lib. VIII, cap. XXX, p. 318): "Cuando 
moria el sefior 6 rey para elegir otro, juntab.inse los senadores que llamabau tecutlat- 
oque, y tambien los viejos del pueblo quellamaban achcacauhti, y tambien los capitanis 
soldados viejos de la guerra que llamaban lauequioaques (should be lauTequioaques), 
y otros capitanes que eran principales en las cosas de la guerra, y tambien los hatrapas 
que llamaban Tlenamacazques 6 papaoaque: todos es^tos se juiitaban en las casas 
reales, y alii dellberab:in y deterniinaban quien habia de ser sefior, y escogian uno de 
los mas nobles de la lind de los senores antepasados, que fuese hombre valieute y 
ejercitado en las cosas de guerra, osado, animoso, y que no supiese beber vino : que 
fuese prudente y ndbio, y que fuesc criado en el Calniecac: que supiese bien hablar, y 
fuese entendido, recatado y animoso, y cuando todos 6 los mas concurrian en uno, 
luego le uombraban por Sffior. No se hacia esta eleccion por escrutinio 6 por votos, 
sino todos juntos conflriendo los unos con los otros, venlan k concertarse en wno." To 
this shoulil be added the testimony of the same author (Lib. VI, cap. XX, pp. 1:^6-139). 
J)urdn (Cap. XI, p. 103): "y es de saner que no ponian hijo del que elexian por rey, 6 
del que moria, porque como ya tengo diciio, nunca heredaron los hijos, por via de lier- 
encia, los ditados ui los sefiorios, sino por election ; y asi, agora luese hijo, agora fuese 
hermano, agora primo, como fuese eleto por el rey y por los de su consejo para aquel 
ditado, le era dado, bastaua ser de aquella lingnia y pariente cercano; y asi ibau 
eiempre los hijos y U)s hermanos heredandolo, poco a poco, si no esta vez, la otra, d si 
no la otra, y as^i nunca salia do aquella generacion aquel ditado y sefiorio, eligi^ndolos 
poco ft poco." (Cap. LXIV, p. 498) : " poi que en aquel tiempo heredabanse los hermanos 
hijos del rey unos a otros, aunque de lo que desta hystoria e notado, ni auia herencia 
ni sucesion, sino solos aquellos que los electores escogian, como fuese hijo <5 hermano 
del que moria, 6 sobrino o piimo, en segundo grado, y este drden me parece que Uevan 
en todas sus electionos, y asi cree que muchos de los que claman y piden venilles por 
herencia los senores, porque en su inHdelidad sus padres fueron reyes y senores, 

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limited the clioice to a family, perhaps not even to a kin.229 Like 
every other office it had to be deserved^^^ and could not be ob- 
tained by birth or through craft ;23i neither could it be transmitted 
through inheritance. 232. 

The history of this office may be divided into two periods : the 
first, closing with the formation of the confederacy in the first 
quarter of the fifteenth century ; the second, beginning at that- 
time, and lasting until the final abrogation of the office by the 
Spaniards, in 1521.233 During the former period the *' cliief of 
men " was, as we have already said, but the executive chieftain 

entiendo no piden jnsticia, porque en su ley antigua mas eran electiones, en todo g^nero 
de sefiorcs, que no herencias nl sucesiones." The author of the above was a native 
Mexican, and knew the customs of his people. '^ Codice Ramirez" (p. 58): "porque 
como queda referido, nunca heredaron los hijos de los Reyes en los senorios, sino por 
eleccion daban el Reyno a uno desto^ quatro principes, a los quales tampoco heiedaban 
BUS hijos en e8tos ditados y cargos; sino que muerlo uno escogian otro en su lugar al 
que les parescia, y con este modo siempre tuvo este Reyno muy suflcientes hombres en 
sus Repiiblicas, porque elegian los mas valerosos." Tezozomoc (Cap. LXXXII, pp^ 142 
and 143), conflmiing the mode of election as reported by Sahagun. Zurita C** Rapport^ 
etc.** p. 14): ** Ainsi, ils pr^f^raient laisser apres eux un successeur qui fut capable de 
bien gouverner, plutdt que d'abandonner cette charge ft leu rs flls, li lenrs petits-fils ou 
ft leura lieutenants, comme le fit Alexandre le Grand." Mendieta (Lib. II, cap. XXXVII, 
pp. 153 and 154). Torquenuida (Lib. XI, cap. XXVII, p. 358) : " Confleso de la Republica 
Mexicana esta manora de sucesion, y que se elegian algunas veces, sin diferenciao, 
notando solamente las qualidades de las personas, y de estos fue Itzcohuatl, valeroso 
Rei Mexicano, que por el valor de su persona, y la grandeQa de su aninio, no se ad- 
virstiOi. ni reparo para eligirle, en que era Hijo de una £sclava; pero no es maravilla, 
que el bien publico, preflera al particular." I forbear quoting the tales about the elec- 
tion of sundry Mexican chiefs, as related by the above and other authors. 

"0 Clavigero (Lib. VII, cap. VI, p. 4«3), has distinctly formulated the idea: "that the 
crown should always remain in the house of Acamapitziu." Enough has been said 
about the Mexican i'amily to dispel the notions of an "Indian dynasty" in Mexico. 
At best, a succession or perpetuation of the office in a certain Ktn or calpuUi, might be 
conceded. Durdn (Cap. XI, p. 103), Codice Ramirez, (p. 58), and Zurita (p. 14), mal^e 
even this somewhat doubtful ; so does the election of Itzcohuatl, aa conceived by Torque- 
mndn (Lib. XI, cap. XXVII, p. 358). The origin of " Flinty Snake" is, however, re- 
ported in too many different ways to justify any conclusion based on it. The fact, that 
one of the four leading war-captains sliould become ** chief of men," militates against 
descent of office in a certain kin. See also Joseph de Acosta (" Hist. nai. y moral de los 
Indiits," Lib. VI, cap. 24, pp. 439 and 440). 

330 Sahagun (Lib. VI, cap. XX ; Lib. VIIF, cap. XXX). Acosta (Lib. VI, cap. 24). 

'^^^ Las Casas {'* Hiet. ajwlogetica" quoted on p. 124 of Vol. VIII of Lord Kingsbor- 
ough's collection): "Quando algun senor moria y dexava muchos hijos, si alguno se 
alzava en palacio y se queria prel'erir 4 los otros, aunque fuese el mayor, no lo con- 
sentia el Senor ft quien pertenecia la conflrmacion, y menos el pueblo. Antes dexavan 
pasar un aiio, 6 mas de otro, en el qual consideravan bien qual era mejor para regir 
6 gobernar el estado, y aquel permaneci5 por senor." Zurita (" Rapport, etc.," pp. 18 
and 19). Torquemada (Lib. XI, cap. XXVII, pp. 358 and 359). Further quotations 
would be useless. 

233 III addition to the authoiities named in note 228, 1 refer to CZat'iprero (Lib. VII, 
cap. VI, p. 4fj3), witli the restriction mentioned in note 229. *' De Vordre de Succession, 
etc." (^st Recueil of TernauxCvmpans, p. 228). 

^^^ Zurita (" Rapport, etc.," p. 69). Sahagun (Lib. VIII, cap. I, p. 272). The death 
of Cuauhtemotzin put an end to the office in the eyes of the Spaniards, although it had 

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of the tribe, nnd the duties of his office, at that time embracing 
those of the " Cihuacohuatl,'* have been stated by us already. 
The confederation had so far wrought a change that he became 
" general " of its allied warriors,^^ and consequently to a certain 
extent, an extra-tribal officer residing at Tenuchtitlan, Mexico, 
because the military supremacy was vested in that tribe. We 
have previously alluded to the fact that it was the " chief of men " 
upon whom we have been heretofore accustomed to look as a 
monarch, even a despot. His office and its attributes have been 
the mainstays of the notion that a high degree of civilization pre- 
vailed in aboriginal Mexico, in so far as its people were ruled 
after the manner of eastern despotisms. 

Not only was this pretended naonarch strictly elective, but he 
could also be deposed for misdemeanor.^* " Wrathy chief" the 
younger, better known as the last Montezunui, was removed from 
office and his successor elected before that ill-starrefl chieftain's 
violent death.236 

been formally abrogated by the capture of that chieftain, to whom no snccessor 
was appointed by the whites. 

****' Tenure of Lands** (p. 417). Ixttilxochitl {" Hittoire de$ Chichimiqnes;* Cap. 
XXX1I» p. 219), claims fur his Tezcucan chief the military command, iu the shape of an 
** imperial ** title : *• He of Tezcnco was greeted by the title of Aculhna Tecuhtli, as also 
by that of Chichiraecatl-Tecuhtli which his ancestors carried, and which was the 
distinctiTC mark of the empire.*' I believe this claim was disposed of in ** Tenure of 
Lands** (p. 394, notes 9 and 10). See also Vetancnrt (Part I Fa. Trat. I, cap. XIV, p. 
291) : *• y remataron la fiesta quedando Izcohuatl por rey snpremo del imperio tepaneca, 
por ser primero que Netzahualcoyotl.'* See also the tacit acknowledgments by 
IxtlUxochm (•• Hist: des ChichimBques,** Cap. XXXVIII, LXXIV, LXXV). 

»» Vetancurt ('* Teairo Mexicano** Parte II, Trat. II, cap. XV, p. 485) : '• Otras muchas 
leyes extrayagantes qne con el instinto natural, con maduro consejo confirmaron y 
^ue inviolablemente guai*daban, tenian los Mexicanos y los de Gnatimula, como el de 
deponer al rey con junta y consejo de la nobleza.* 

a«« That " wrathy chief had lost all his authority during the time Cort^ went against 
Narvaez, is clearly stated in " Carta Segunda ** ( Vedia I, pp. 41 and 42) already, though 
the fact of his removal from office is not noticed by the Spanish commander himself. 
It is, however, mentioned by Bemai Diez de Castillo (Cap. CXXVI, p. 132). 
Montezuma said to Olid and to the " Padre de la Mei-ced : " " Yo tengo creido qne no 
aprovechar^ cos^a ningnna para qne cese la gucrra, porque ya tienen alzado otro sefior 
... ;** and again the Mexicans themselves are reporte<l as answering to Montezuma: 
" Hac^mosos saber que ya hemos levantado ft un vuestro primo por sefior.^ Las Casas 
C Breuissima Reladon** p. 49), Alrarado : " Ponen nn punal a los pechos al preso 
Motenguma que se pusiesse k los coiTedores, y mandasse, que los Yndios no com* 
batiessen la casa, si no que se pnsiesscn en paz. EUos no curaron entonces de 
obedecelleen nada; antes platicauan deelegirotro Senor, y capitan, que guiasse sus 
batallas.^ Sahagun (Lib. XII. cap. XXI, pp. 28 and 29): '*Oidas estas voces por los 
Mexicanos y Tlacilulcas, commen^aron enti*e si i bravear, y raaldecir ft Mocthezuma 
diciendo que dice el puto de Mocthezuma y tti bellaco con ^1 ? no cesaremos de la 
guerra; luego comenzaron a dar alaridos y ft tii*ar saetas y dardos acia donde estaba 
el que hablaba junto cou Mochthecuzuma." This was before Cortes had even captured 
Narvaez, and shows that at that time the '* chief of men ** had already lost all authority. 
Codice Ramirez Cp. 89). When the other chief who was with Montezuma had spoken: 

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Among the duties of the " chief of men," we notice first that 
of residence at the " tecpan " or official house.^^ This is com- 
monly stated to be a royal privilege, whereas it was, in fact, a 
burthen, as it simply meant that he occupied the position of head 
of the official household of the tribe.238 The formation of this 
household we have elsewhere described.239 It was a communal 
group, consisting of the head- war-chief and his family, together 
with such assistants (and their families, if any), as were required 
for the transaction of daily business.^^o The " tecpan " is appro- 
priately called : " house of the community," *' casa de comunidad," 
by Fray Juan de Torque m ad a,^^^ and its residents were placed 
and kept there for the purpose of extending tribal hospitality^ and 
for the furtherance of tribal business and extra-tribal relations. 
This " official family " had to wait upon the officers and chiefs who 

"an animoso capitan llamado Quaiihtemoc de edad de diez y ocho anos que ya le 
qnerian elegir por Rey dijo en alta voz : '* '' Qu^ es lo que dize este bellaco de Mote- 
cucznma, muger de los espanolos, que tal se puede llamar, pues con animo mngeril se 
entregd k ellos de puro miedo y asegui-dndonos nos ha puesto todos en este trabajo ? 
No le quei*emo8 obedecer poiqne ya no es nuestro Rey, y como k vil hombre le hemos 
de dar el castigo y pago." Fragmento No, 2 {Notidas Relativas d la Conquistat" etc., 
p. 143): "y ellos le deshonraron y Uamaron el Cobarde." jTorquemada (Lib. IV, cap. 
LXVIII, p. 494) : " solid a un Hermano de MoteQuh^nma, Senor de Iztapalapan, y los 
Mexicanos, ni hicieron el Mercado, ui le dexaron bolver ft la Prision, y le eliKieron por 
su CaudUlo" (Id. Cap. LXX, p. 497). Vetancurt (♦• Teairo,'^ Parte IIIo, Trat. I, cap. 
XIV, p. 125, cap. XV, pp. 130, 131). Herrera (Dec. II, lib. X. cap. VIII, p. 264).' It is 
very interesting to notice that Torquemada and Herrera use identically the same 
words. Their versions are the fullest. 

«»7 Tenure of Landa (pp. 409 and 410). Durdn (Cap. XXVI, p. 214) : *« Y asi. lo pri- 
mero que se ordend, fu6 que los reyes nunca salicsen en i>iiblico, etc., etc." It is 
scarcely necessary to prove this at any length, by quotations. 

288 Tenure of Lands (p. 409). Serrera (Dec. Ill, lib. IV, cap. XVJI, p. 138): "Kstos 
Tributos eran para el bien publico, para las GueiTas, para pagar ft los Goveiiiadores, i 
Mini^tros de Justlcia, i Capitanes, porque toda esta Gente comia, de ordinario, en el 
Palacio del Rey, adonde cada uno tenia su asiento, i lugar conocido, segun su oflciOf 
i Calidad, . . ." Sahagun (Lib. VIII, cap. XIII, p. 301) : •* Y despues que habia comido 
el seiior, mandaba ft sua pages, 6 servidores, que diesen de comer ft todos los seiiores y 
embajadores que habian venido de algunos pueblos, y tambien daban de comer ft los 
que guardaban el pnlacio. Tambien daban de comer ft los quo criaban los mancebos 
que pe llaman telpnchtlatos y ft los Sfttrapas de los idolos. Asimismo daban de comer 
ft los cantores, ft los pages, ft todos los del palacio, etc., etc. . . ." Tezozomoc (Cap. 
LXXXII, p. 144). The latter is very positive, mentioning it as a duty. 

a»» Tenure of Lands (pp. 409 and 410). 

'•^oThe information on this point goes back to Cortis (" Carta Segunda," Vedia I, 
p. 35): ''La manera de su sorvicio era que todos los dias luego en amaneciendo eran 
en su casa de seiscientos seiiores y personas personales, los cualos se sentaban, y otros 
andaban por unas salas y corrcdores que habian en la dicha casa, etc., etc." The other 
eye-witnesses are hardly as positive. The exaggerated reports of Oviedo (Lib. 
XXXIII, cap. XLVI, p. 505), Torquemada (Lib. Ill, cap. XXV. p. 296), Vetancurt 
(" TecUro," Parte Ha, Trat. I*, cap. XXIII, pp. 356, 367, etc.), Herrera (Dec. II, lib. VII, 
cap. IX, pp. 183, 184) and others, simply prove that the "tecpan" was pei-manently 
occupied by a numerous household, of which the " chief of men " was the head. 

8" " Monarquia Indiana'' (Lib. VI, cap. XXIV, p. 48). 

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daily transacted affairs at the '' tecpan," to cajry their victuals 
to the halls in which their sessions were held and also to wait upon 
the foreign official guests (often enemies) who were i*ece!ved in 
separate, even secluded, quarters.^^^ But their main duty con- 

2" Sahagun (Lib. VIII, cap. XIII, p, 301, as copied in note 238). Zurita (•♦ Rapport^'* 
etc., p. 96) : '* 11 y avait dans les palais den souverains des appartements vastes, ^lev^s 
de sept ft hnit marches comme nos entre-sol, et de^tinds ft la residence des juges.** (P. 
100) : '^ De bonne heure on apportait au palais meine les repas des magistrattii." This 
wonld imply that the food was bi-ought to the " tecpan ** from tlie pl.ices whei-e the 
members of the council (•*teciitlatoca") actually resided. This is positively contra- 
dicted by Tezozomoc ('* Crdnica,,* Cap. LXXXll, p. 144), who roalces it one of the duties 
of the '^ chief of men," " con los viejos y yiejas mucho amor, dandoles para el su»tento 
hiimano: regalados los principales, teni^ndolos en mneho. y dandoles la honra que 
merecen : llamarles cada dia al palacio que coman con voe, ganandoles las volnntades, 
que con ellos estk el sostener el imperio, buenos consegeros, buenos aniigos, que por 
ellos OS es dado el asiento, silla, estrados, honra, seuorio, mando y ser." Such an 
extensive meal of the tribal ufttcers is also intimated by the same author as having 
been customary with the Xochirailcas,— a trilje well known as being closely allied to 
the Mexicans,— where he says (Cap. XVI, pp. 25 and 3«) : *• Las Indias mugeres de las 
Xochimilcas, lavando muy bien el itzcahuiti, temiitlatl, y otras oosas salidas de la 
laguna, y lavado, y limpiamente Uenandolo al palacio de Tecpan para que le comiesen 
los principales, y coraenzandolo ft comer estava muy sabrosa, y prosiguiendo en su 
comida, etc., etc. . . .*' Zuriia (" Rapport," etc., p. 49), speaking of ceitain chiefs, 
says : *^ Outre ces avantages, le souverain supreme payait une solde ft ces chefs, et 
leurfaisait d^livrer des rations. Ceuxci se tenaient contiuuellement dans son palais 
pour former sa cour." It is to these '* phiefs," which were none other than the members 
of the council, that Gomara (Vedia I. ^. 342) infers, copying Cortii (*' Carta Se- 
ffundUf" Vedia I, p. 35), who adds, however: "£ al tiempo que traian de comer al 
dicho Muteczuma, asimismo lo traian ft todos aquellos senores tan cumplidamento 
cuanto ft su persona, y tambien & los servidores y gentes destos les daban sus raciones. 
Habia cotidianamenle la dispensa y botilleria abiena para to<los aquellos que qui^ieisen 
comer y bebev." The chaplain has added to Cort6s' relation some Items tending to 
increase or enhance the importance of the meals, whereas he has suppressed the 
above, very important, passage. Compare Vedia: (Tom. I. p. 345). His statements 
agi-ee far better witli those of Bemal Diez C^HUt. verd.** Vedia 11, cap. XCI, pp. 86 
and 87). The fact of the *' official household'' being entrusted with the dispensation 
of tribal hospitality is therefore certain. The members of the council ate there also, 
as proven by Zurita (p. 96), Sahagun (Lib. VUL cap. XIII, p. 301), Mendieta (Lib. 11, 
cap. XXVIII, p. 134) : " traianles algo temprano la oomida de palacio," and it is implied 
by Torquemada (Lib. XI, cap. XXV, p. 3.%): **E6tos Jueces oian de ordinario, en 

especial de causas criminales, todos los Dias ft manana, y tarde, asistian en 

•us Salas, que las havta en la casa del Bei, particulureH, . . . ." Ho is even very 
positive (Lib. HI, cap. XXV, p. 296): ''No solo tenia este Grande, y Magnifico Empera- 
dor casas muy cumplidas, y Salas, y Aposentos grandiosas, para su Morada, para sus 
Consejos. y Seiiores^ y toUa la demas Gente, que llegaba ft ser digna de su hospedage, 
y recibimiento, donde como su mirma Persona Real eran pervidos, y acaiiciados . . ," 
also (Lib. IV, cap. L. p. 459). He al»o says of *♦ Fasting Wolf," headchief of Tezcuco 
(Lib. II, cap. LllI, p. 167) : •* no fu6 menos en el gasto de su Casa, asi para su Persona, 
eomo pjira hacer Hospicio ordinario ft todos los que Servian en su Palacio, y otros 
muchos Senores, que comian en su Casa, cada Dia, . . ." Petrut Martyr of Anghiera 
(♦* De nouo Orbe,^* etc., Dec. IIU cap. X, pp. 231 and 232). Clarigero (Lib. Vll, cap. 
XVI, p. 482), about Tezcuco. In regard to Mexico he is very positive (Lib. V, cap. Ill, 
p. 304). Furtlxer quotations are useless. I shall merely refer to the " Cod^x Mendoza** 
(plate LXX) and, for the sake of analogy with the tribes of QQuiche-stock in Guate- 
mala, to the ** Popol Vuh" (p. 305): "Are qui cuchbol quib ri-oxib chi nim-ha u bi 
cacmal, chiri cut chi c'uqah-vi c'uquiya, ,..,** 

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sisted in preparing and serving every day an extensive meal, of 
which not only all the members of the household, several hundreds 
in number, partook, but every one who, eitlier on business or as 
an idler, happened to be on or about the premises. 2^3 it was the 
duty of the " chief of men " himself to open this rude clannish 
feast,244 and it pertained to his office to represent the hospitality 
and dignity of the tribe on such occasions. Hence the peculiar 

That the delegates from foreign tribes were quartered at the "tecpan** is plainly 
8tate«i by Sahngun (Lib. VIII, cap. XIX, p. 308): " Habia otra sola que se llamaba 
Coacalli: en este lugar se aposentaban todos los senores forasteros, que eran amigos 

6 enemigos del seiior »> j «« Codice Ramirez*^ (p. 75): •* Vinieron a estas fiestas 

hasta los propios enemigos de los Mexicanos, como eran los de Minhhuacan y los de la 
provincia de Tlaxcala, ft los quales hizo aposentar el Rey y tratar como a su misma 
persona, y hazerles tan ricos miradores desde donde viessen las fiestas, como los 
euyoe;" Lurdn (Cap. XL, p. 317, cap, XLIII. p. 347): "Fasting child" of Tezcuco 
^'aposcntindole en un lugar que ellos Daman Teccalli, que quiere decir, palacio Real." 

"Luego llegd el rey de Tacuba con todos sus principales y senores '6. quien no 

menos honra y cortesia se hizo que al de Tezcuco, poni^ndole en el misino palacio, 
junto a Ne^aualpilli." The delegates from TIaxcallan, Huexotzinco, and Cholula were : 
"Llevados al palacio real, donde les tenian aparojido un retraimiento oculto y 
escondido," and "fueron aposentados en el misuio lugar" those of Michhuacan and 
others (pp. 350 and 351), also (Cap. LIV, pp. 428 and 429, and LVIII, p. 459, etc.). These 
authors are also fully confirmed by Tezozomoc (" Crdnica^" Cap. LXIV, pp. 106 and 
107; cap. LXVIII, p. Ill; cap. LXXXVI, p. 151), IxtlUxochitl C* Histoire des ChichimS- 
ques,'^ Cap. XXXVI, p. 254, speaking of Tezcuco), Torquemada (Lib. XIV, cap. I, pp. 
5:34 and 535). The latter distinguislies between the '*calpixca" and "el palacio," 
stating that delegates were quartered at the former. But since he himself (Lib. VI, 
cap. XXIV, p. 48) calls the "tecpan" casa del comun" — a name given by him to the 
"calpixca" — and we know from Sahagun (Lib. VIII, cap. XIX, p. 307) that the 
" calpixcacalli " was a hall of the " tecpan," there can be no doubt as to the fact, that 
the '* tecpan " was also the place where delegates were received, lodged and fed, at the 
expense of the tribe. 

When, in 1.537, the Bishop Las Casas sent certain traders with full instiuctions and 
"implements for conversion," to the Indians of "Tuzulutlan" or of tlie "Tierra de 
Guerra" Fray Antonio de liemesal (" Historia de la Provincia de S. Vicente de Chyapa,'* 
etc., etc., Lib. Ill, cap. XV, p. i;i5) : Y como en aquel tienipo no aula mesones ni casas 
de comunidad, todos los forasteros que lleganan al lugar acudian a pasar en casa del 
senor, que los recebia humanami'nte, hospedaua y daua de comer conforme la calidad 
de la persona, y el forastero reconocia el bien recibido, 6 que auia de recibir, poniendo 
a los pies del senor algun presente conJbrme a su posibilidad." Tlie traders, therefore, 
"took lodgings" at the official house, — the tecpan,— and staid there (as we may 
read p. 136 of tlie Friar's history) until they had performed thoir work of opening the 
country to the preaching of the gospel. The comparison with Cortes, being also 
quarteretl at the " tecpan " of Mexico, is indeed striking. 

2« Descriptions of this meal are so abundant, that it is hardly worth while to refer 
to them in detail. I would only call particular attention to the statements of Cortes 
(" Carta Segundu,*^ Vedia I, p. 35), Bernal diez de Castillo (•' Hist, verdadera," etc., etc., 
Cap. XCI, pp. 86 and 87, of Vedia II), Andres de Tdpia (" Reladon sobre In Conquista de 
Mexico,'' Col. de Doc's II, p. 581). These statements, made by eye-witnesses, if viewed 
in their proper light and compared with those of subsequent writers, fully corroborate 
the views of L. H. Morgan (" Montezuma's Dinner^' in N. American lievieWj 1876), that 
this meal was but an official communal one, given by the official household of the tribe, 
as part of its daily duties and obligations. 

"* I cannot refrain here ftom recalling the description of the meal given to the Clan 
Mclvor by its chief " Fergus Mclvor, Vich Ian Vohr," — so graphically pictured by Sir 

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earnestness of his manner which eye-witnesses have mistaken for 
the haughtiness of a tyrant.*^^ 

These duties not only necessitated official residence at the 
" official house," but even permanent stay there, unless important 
business required the chiefs absence.^^^ Such absence, however, 
could only be justified by official duties, and then the " chief of 
men" had to appear with all the tokens and emblems of his 
rank.2^^ If otherwise, he might indeed, go about, but he lost all 
claim to official recognition. 2^*8 Hence the statements are true 
in the main, however exaggerated in detail, that great decorum 
was observed towards the "chief of men" whenever he appeared 
in public, that he was addressed with marked deference, and that 
a certain pomp surrounded him on such occasions.^^^ These 
occasions were, of course, opportunities for the display of Indian 

Walter Scott in '*Waverley.** As to the part played by the "chief of men** see par- 
ticularly BerncU Diez (Cap. XCI, p. 86, Vedia II). 

3«ftThi8 pnrliculaily earnest mien is noticed by all authors. It is strictly Indian, 
and found among the rudest tribes. 

**« Durdn (Cap. XXVl, p. 214) : ** Y asi, lo primero que se ordend, fn^ que los reyes 
nunca saliesen en piiblico, sino 4 cosas muy nccesarias y for^osas." Codice Ramirez 
(p. 70) : " De ordinario estaba retirado saliendo muy pocas vezes ft vista del pueblo." 

2*7 Durdn (Cap. XXVI, p. 2U), Sahagun (Lib. VIII, cap. X, p. 291). It is distinctly 
asserted by the former that, what he has called "corona real" could only be worn by 
the "chief of men'' and the " snake- woman." This head-drens, very appropriately 
termed by the Spaniards, " half mitre" (" media mitra ") is figured by many authors of 
native origin. See Codex Mendoza (plates II to XIV, also LXX), Durdn (Laminas 2 to 
14, also 16, 18, to 24 etc.), Codice Ramirez (plates 4 and 5). It is called -' Xiuhuitzolli " 
by the Mexicans. See also Molina (Parte la, p. 30 and Ila, p. 160) ft-om "Xluitl" 
turquoise or green stone, and is totally different from Uie head-dress woi-n by the " chief 
of men " in the field. Compare *'Art of War " (p. 126). 

«*«This explains the stories about the " incognito" ramblings of "Fasting Wolf** of 
Tezcuco, so frequently repeated after the Ixtlilxochitls, as well as that of the arrest 
of " Wrathy Chief" (the last Montezuma) for appropriating corn out of a field. The 
latter tale is beautifully told by H. H. ISancro/t (Vol. II, pp 451, 462) after the best 

3^0 No author has been more prolific in pict«ires of pomp, regal wealth and magnifi- 
cence, than Bemal Diez de Caatillo (" Historia verdadera^" etc., etc., Cap. LXXXVIII, 
XCI and XCII, etc.). Most of the later writers have placed undue reliance on his 
statements, absuming that the truthfulness with which he "gave vent" to his own 
individual feelings and impressions, was the result of coqI, impassionate observation. 
Anyone who has read attentively (and not merely glanced over at random for the 
purpose of obtaining quotations) his protracted "Memoi res," will become convinced 
that he is, in fact, one of the most unreliable eye-witnesses, as far as general principles 
are concerned. In every detail where his personal feelings are not involved or by 
which, even at the late date when he wrote, they were not involuntarily aroused, he is 
much more trustworthy than when he takes special pride or pains to be very explicit. 
Thus, it is curious to compare his description of " Wrathy ChiePs" reception of Cortes 
with that given subsequently by the " Marquis del Valle " himself, (" Carta Segunda." 
Vedia I, p. 25). It was doubtlessly the greatest effort at pomp and disphiy ever 
attempted by the Mexicans, since they went to meet and greet the most incom« 

Rkport Peabody Museum, II. 43 

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finery, when a number of articles were used to deck the " chief 
of men" as his official insignia, but the custom of speaking to 

prehensible beings ever heard of by them. It is interesting to place both versions side 
by side. The translation is my own and 1 therefore beg for indulgence. 

Cortes. Second Di-opatch. 

"At that place more than a thousand 
principal people came to greet and to 
speak to me, nil citizens of the said city, 
and all dressed alike and according to 
their custom very richly, and when they 
came to speak to me, every one of them 
made, before coming up, a particular 
ceremony, customary among them, which 
consisted in each one of them putting 
his hand on the ground, kissing it; anti 
in this manner I waited almost an hour 
until each one had made his ceremony." 

" After we had passed that 

bridge, this lord Muteczuma came to 
receive us with about two hundred Lords, 
all barefooted and dressed in other livery 
or manner of clothing, also very rich 
alter their custom, and more so than that 
of the others. They came in two pro- 
cessions, closely hugging the walls of the 
street which is very broad, fine, and 
straight, so that from one end of it the 
other end may be seen, and two-thirds of 
a league C'legua") in length, with very 
good buildings on both sides, dwellings 
as well as temples. And the said Mutec- 
zuma went in the middle of the street 
with two chiefs, one to his right and the 
other to his left. One of these was the 
same one who, as I said, had come to 
speak to me in tlie litter, and the other 
was the said Muteczuma's brother, lord 
of that city of Iztapalapa which I had 
left that day. All three were dressed 
alike, except Muteczuma who wore soles 
to his feet, wliereas tlie other two chiefs 
had none and supported him by his 
arms " 

Bemal Diez de Castillo. Cap. 88. 

"When we reached the place where 
another pathway (dyke) branched oflF to 

Cuyoacan, many principals and 

caciques came, covered with very rich 
mantles, with ornaments and liveries, 
those of one cacique different ft'om those 
of another, and the dykes were filled by 
them. These gi'eat caciques were sent 
by the great Montezuma ahead to receive 
US, and as they arrived before Cortes they 
bid us welcome, touching the grouud and 
kissing it in token thereof." "Thus we 
were detained a good while, and from 
there the Cacamacan, chief of Tezcuco, 
and the chief of Iztapalapa, and the chief 
of Tacuba and the chief of Cuyoacan 
went forward to meet the great Monte- 
zuma who approached in a rich litter, 
accompanied by other great Lords and 
caciques holding vassals. And when we 
neared Mexico, where there were other 
small towers, the great Montezuma de- 
scended ft'om his litter, and these great 
caciques took hold of his arms, advancing 
with hlra under a marvellously rich can- 
opy of green plumes with large golden 
ornaments, much silver, and pearls and 
stones of " Chalchihuis " suspended from 
it as fringes, and very dazzling to the eye. 
The great Montezuma was very richly 
dressed after their custom, with cotaras 
on his feet (as they are calle<l), with 
golden soles and much jewelry over 
tiiem. The four lords who came with him 
were also richly dressed, though not in 
the same manner as when they had come 
out to receive us,— as if they changed 
dress on purpose under wjiy. Besides 
tliese Lords, there came other great caci- 
ques who bore the canopy over their 
heads, and other many Lords preceded 
the great Montezuma sweeping the ground 
before him and placing ropes for him to 
step upon. None of these Lords ventured 
to look him in the face, but all had their 
eyes cast down, except those of his rela- 
tives and nephews who supported him 
by the arms. 


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him with downcast eye9 was not so much a mark of particular 
respect, as a thoroughly Indian habit of shy suspicion, common 

A thinl eyC'Witnneo, Andrea de Tdpia (" lielncion,^' etc., Col. de Doc's, II, p. 579), 
simply says: "The said Muteczuina went in the middle of the street, and all the rest 
of the people were along the walls, close to them, as such is their custom." 

The version of Bernal Diez is corroborated by Oriedo (" Hist, general^** etc., Lib. 
XXXIII, cap. XLV, p. 600), from information derived by him of ** some knights and 
aoldiers who had taken part in the conquest of New Spain " (Title of Chapter Xl^V, p. 
494). But the old chronicler does not give the names of his informants. 

The same question recurs here, which we have alrea«iy discussed in regard to the 
fights with the Tlaxcalteca {''Art of }Var^*^ p. 155. note 20J), and here again we reach 
the same conclusion namely : that Bernal Diez de Ca<tiilo. " bent upon recollecting 
personal incidents, and, from his subaltern position" less aide to see closely, in this 
instance, magnifies the importance of the action beyond the limits of truth. 

It is easily noticed, how mucli more sober, and therefore less pompous, are the 
statements of the Spanish commander and of his lieutenant, than thoae of the common 
soldiers, including Ovicdo's anonymous informants. And it should be remembered 
that Cortes, who was tlie chief actor in the scene, certainly saw more of it and saw it 
far better than any of tlie otiicrs. Furthermore, at the time he wrote Ids report (tlie 30 of 
October, 1520, or only about one year after the date of the occurrence). Cortds had 
pei sonal and political motives to magnify and embellish the picture. If iiis statements, 
therefore, fall far below those of his troopers in thrilling and highly colored details, 
there is every reason to believe that they are the more reliable and trustworthy. 

Referring, therefore, to the description by Cort^.-^, we lind, on the whole, nothing but 
a barbarous display common to other Indian celebrations of a similar character. 
Of the Mexicans themselves, a numl)er of such receptions are related by aboriginal 
authors. I particularly refer to Tezozomoc (•• Cronica:* ett'.. Cap. XXVII, pp. 41 and 42). 
Upon the return of the Mexicans from their successful raid on Tecamachalco and 
Tepeaca: ''the Mexicans were received in triumph, with horns, trumpets (?), flowers, 
and frankincense. The old men of the tribe, carrying centners and rose.s, stood in two 
rows on each side of the way, their hair tied on the back of their heads with strips of 
red leather, called cuauhtlalpiloni, with shields in their hands, rods — cuauhtopilll,— 
and rattles, in token of old age and of being fathers to such braves. Between them 
the Mexican troop had to pass,— and these are called cuacuacuiltzin.— taking in the 
middle the captains, and the prisoners which they had brought from the four pueblos; " 
also (Cap. XXIX), though it is less explicit, about the return from the foray against the 
Huaxtecas; (Cap. XXXVIII p. 62), speaking of the return from the foray against 
Huaxaca: ''Then Moctezuma commanded to all the old men and to the principal Mexi- 
cans to go out and receive the returning warriors with much mirth and joy. They met 
them is the i*oad, and greeted them, incensing ibem with much copal, which is like 
unto myrrh, and a mark of great honor, token of triumph in war;" (Cap. XLIX, p. 
79): "At Mazatzintamalco (which has since become garden of the Marquis del Valle), 
the old men, Cuauhuehueques, and the Mexican council were arrayed in line to receive 
him, each one with his calabash-rattle, and armed with shields and raacanas, wearing 
ichcahuipiles, and with the hair tied up on the back of the head with straps of red 
leather. Along the road there were, at intervals, bowers and huts decked with roses, 
and the old men joined the procession which moved into Mexico*Tenuchtitlan, dii-ectly 
up to tiie temple of Huitzilopochtli." This was when ''Face in the Water" returned 
from the raid against the Matlatzincas; — (Cap. Lll, p. 85) when the same "chief 
of men" returned, beaten and defeated by the Tarasca of Michhuacan, the same 
reception was made to him, only with groans, and wails of grief and mourning; also 
(Cap. LVIII, p. 96, Cap. LXII, p. 104, etc., etc.). It follows from the above that the 
reception of Cortes and whatever barbarous display attended it, was strictly according 
to established custom. Similar receptions were made to trading companies returning 
with particular success. Sdhagun (Lib. IX, cap. II, p. 339). "They went in pro- 
cession like two flies, one of priests and the other of chiefs, and they met them in 

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even now to much ruder tribes ;250 and the ornaments and peculiar 
garments, like the head-dress so very appropriately designated 
by the Spaniards as a " half-mitre," and other articles^ already 
described by us on a former occasion were not worn by him 
alone, as the '* Cihuacohuatl " enjoyed the same privilege.^^i 
This, and the burial-rites to which we cannot, here, refer in detail,252 

the pueblo of Acachinanco," to the south of Mexico, in the direction of San Antonio 
Abad, says Bustamante (note a). This was while '• Water- Rat " was •* chief of men." 
That the "chief of men " moved alone, or with a small escort only, in tlie middle of the 
street, is very natural. He was the head of the offitrial household and the chief 
war-captain of the confederacy. His particular duty it was, therefore, to greet the 
strangers. On any ordinary occasion it would have been misplaced, and against all 
rules of Indian etiquette, for the chief-offi:*er6 of a tribe to go out to meet them; but in 
this case, wavering between fear an«l curiosity, an exception was made. It is worthy 
of remark that even when the ♦•chief of men " returned at the head of a victorious 
war-party, tiie '^ snake- woman '' is not mentioned as sallying forth to greet him in 

9Aoxhis custom of addressing people to whom some deference is due, has been 
noticed among numerous tribes of America. Among the Mexicans it was not at all 
an exclusive mark of deference towards the chief-oflScer. His interlocutors <lid not 
ook at him, neither did he look at them. See Bernal Diez (Cap. XCI, p. 86, Vedia II), 
Clavigero (Lib. VII, cap. XI, p. 470). The latter is particularly inrportant, although he 
but copies 2'orquemada (Lib. XIV, cap. I, p. 535) in tlie main. As far as other tribes 
are concerned, I but recall here the Peruvian •• Inca." See FrancUco de Jerez (" Verda- 
dera ReUtcion de la Conquista del Peru y Provincia del Cuzco llamnda la Xueva Castilla" 
etc., etc., in Vedia, Vol. II, p. 331), when Hernando Pizarro met Atahuallpa for the 
first time: '• los ojos puestos en tierra, sin los alzar d nitrar a ninguna parte.'' Of the 
Indians of the gulf states of North America, il is 8ai<l by James Adair Q^ History of 

the American /nrftans," p. 4) : ''They are timorous, and consequently cautious, 

exceedingly modest in their beliaviour." See also on the Nortliern Indians, Loskiel 
C Geschichte der Mission, der evangelischen BrUder,^* Baiby 1789, pp. 17 and 18). It 
would be superfluous to add further quotations. 

«i Durdn (Cap. XXVI, p. 215, cap. XLIV, p. 357). Tezozomoc (Cap. XXXVI, p. 57, 
cap. LXIX, p. 115, etc.). Durdn (Lamhia 8, Trat T). 

252 That the burial of the " Ciliuacohuatl" took place after the same manner as that 
of the " Tlaca-tecuhtli," is proven by the *' Codice Ramirez " (p. 67) : ^'Hizi^ronse obse- 
quias solemnisimas y un enterramiento mas sumptuoso que el de los Reyes iiasados, 
porque todos lo tenian por el amparo, y muro fuerte del gran imperio Mexicano." 
Durdn (Cap. XLVIII, pp. 381 and 382): "el qual despues de mueilo, su cuerpo fu6 
quemado y sus ceuiQas enterradas junto a los sepulcros de los Reyes, haciendole las 
osequias conforme k persona tal se deuian, de la niesma manera que a los reyes se 
hacian y sus grandefas pedian.** Acosta (Lib. VII, cap. XVIII, p. 496): "le hicieron 
exequias los Mexicanos, con mas aparato y demostracion que d ninguno de los Reyes 
auian hecho." 

In connection with the burial rites it may be in ])lace, here, to refer to a custom 
easily interpreted in favor of the assumption, that the *' Tlaca-tecuhtli " was a monarch. 
It is the carving, in the live rock at Chapultepec near Mexico, of human shapes com- 
memorative (or at least said to be) of each of these officers, towards the close of each 
one'H lifetime. There can be no doubt as to the existence of such carvings. The last of 
hem, representing •* Wrathy chief,"was seen by Don Antonio de Leon y Gama ('• Descrip- 
cion Histdrica y Cronoldgica de las dos Piedras que con ocasion del Auevo Empedrado que 
se esta formando en la Plaza principal de Mexico, se hallaron en ella el Alio de 1790," 
Segunda £dicion; 18:^2, Parte Segunda, pp. 80 and 81), as late as 1753 or 1754, when it 
was destroyed C^ picada ") by order of the authorities. Another figure, intended for 

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again establishes the equality in rank of both officers, and it also 
dispels the notions of rojal etiquette and magnificence with which, 
more particularly, the figure of" Wrathy cliief" (Montezuma) has 
been surrounded in history. 

The '' chief of men '* as head of the official household needed 
many assistants and subordinates. He required stewards for the 
care of the stores and their daily apportionment.^^ Especially 
did he need runners for the delivery of his messages. Such 
officers could be chosen by him and thus far, but no farther, did 
he enjoy the right of appointing subordinates.^^ But the appoint- 
ment to a certain duty by the " chief of men," did not confer any 
hereditary rank or office. On the contrary, it is even probable 
that most of these posts were filled by outcasts, since this was, 
properly, the group from which the inferior servants for the 
transaction of tribal business could be selected without disturbing 
the balance of power between the kins. 

The " Tecpan " being, as we have already stated, the " house of 
the communit}^" that is the place where the business of the entire 
social cluster (as far as the tribe could represent it) was trans- 
acted, and, furthermore, it being proven that thB same "tecpan" 

** Face in the Water." existed a few years previous to that date. According to Senor Don 
jr. F. Ramirez ('*Durdn.** p. 251, note 1 to Cap. XXXI), disfigured remnants, among 
which the sign •*! cane" (ce-acatl) is plainly visible, can yet be noticed in the rock 
at Chapultepec on the eastern side of that celebrated hill or isolated bluff. 

Now it is equally certain, that such carvings were not only commemorative of the 
"Tlaca-Tecuhtli," but also of the **Cihuacohuatl." See Durdn fCap. XXXI, pp. 250, 
251). A somewhat different version, is given by Tezozomoc (" Crdnica,** Cap. XL, p. 
65). It is remarkable, however, that comparatively little importance was attached to 
those funeral monuments. The place of Chapultepec itself, a very striking and con- 
spicuous object and one with which many reminiscences were connected, was viewed 
as an object of '* medicine." Torquemnda (Lib. Ill, cap. XXVI, p. 303). That par- 
ticular attention should be paid to the remains of an ofllcer of high rank is very 
natural. It is found among the Iroquois, L. H. Morgan {^'^''Ancient Society," Part II, 
Cap. Ill, pp. 95 and 9(J. also, ^^ American aboriginal Architectvre" in Johnson^s Cyclo- 
pedid). It would be useless to dwell further on the subject since it will be fully 
treated of in one of my subsequent monographs. 

3BS It is not devoid of interest to notice, that this official household, in full *' l)last," 
appears only after the formation of the conJederacy. Codice Ramirez (p. 66): "Puso 
assi mismo este Rey por consejo y industria del sabio Tlacaellel en rauy gran concierto 
su casa y corte, poniendo oflciales que le Servian de mayordomos, masetrsalas, por- 

teros, coperos, pajes y lacayos, los quales eran sin numero *' Tliis is not only 

confirmed by Durdn (Cap. XXVI), Tezozomoc (Cap. XXXV and XXXVl), but even by 
Torquemada (Lib. II, cap. LIV, p. 169). 

3<^This can easily be inferred from the fact, already eetablished. that all the other 
kinds of officers of anything like important rank, were elected and not appointed. See 
also the passage, already quoted elsewhere, of Durdn (Cap. LXIV, p. 4S8), which is 
very interesting in a general way. 

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was also the regular seat and place of office of the highest author- 
ity or " tribal council," it follows that peculiar and distinct i*ela- 
tions must have existed between that council and the officer, whose 
duty it was to dwell at this same house. These relations are 
explained to us, partly, by the statement that the "chief of men" 
was placed there as a watchman, to guai'd tribal Interests in the 
midst of confederate business.^^ He was to be present, day and 
night, at this abode which was the centre wherein converged the 
threads of information brought by traders, gatherers of tribute, 
scouts and spies, as well as of all messages sent to, or received 
from neighboring, friendly or hostile tribes. Every such message 
came directly to the ''chief of men," whose duty it was, before 
acting, to transmit its import to the '' CihuacohuatK" and through 
him to call together the "Tlatocan.^ Thus the "chief of men" 
occupied an intermediate position between the confederacy and 
the tribe. He might, ex-offleio be present at the deliberations of 
the council, but that presence was not obligatory ; and no decisive 
or commanding voice and vote was allowed him, beyond the 
weight that his reasoning and personal consideration for his merits 
and experience might carr3^ 

Whenever any conclusion was reached, it became the " chief of 
men's" duty to provide for its execution. Thus, if traders re- 
turned illtreated, beaten, and bruised, and the Mexican council 
clamored for revenge, he sent his runners to the confederate tribes, 
calling upon them for assistance, as the contract authorized the 
Mexicans to do. Sometimes these messengers were chiefs, selected 
b}' the council itself.^^ The result of their mission was reported 

*wAn attei tire perusal of Sahagim (Lib. VI, cap. X) will convince the render of 
the truth of this statement. See also Durdn (Cap. XLI, p. 328; cap. 1^11, pp. 414 and 
415) an^l Tezozomoc (Cap. LVI, p. 92; cnp. LXI, pp. 100 and 101; cap. LXXXII, p. 144). 

^'^Diirdn (Cap. XII, p. 109): "Vuelto 4 Tlncaellel, le niaudd avij*ase 4 los de su 
consejo que ablaseu. . . ." also (Cap. XVI, pp. l;«, 134 and 138; cap. XXI, p. 18-1; cap. 
XL, p. 316; cap. XLI, p. 830; cap. LIII, p. 419, etc., etc.). " Codice Ramirez,^* (p. ««). 
Tezozomoc (Cap. XXI, p. 33; cap. XXXVIII, p. 60; cap. XL, p. 66; cap. XLII, p. 09; 
cap. LVII, p. 93; cap. LXVIJI, p. 114, etc.). Besides, it must be infen-ed li*om the fact, 
already proven, that the "Cihuacohuall" was the "foreman" of the council. In this 
capacity, it was to him that the ** chief of men " had to communicate all business to be 
submitted to the council. 

26T Instances of that kind are found proftisely noticed in the specifically Mexican 
chronicles. Extensive quotations would become too knglhy, I therefore limit myself 
to mei*e in«)ications, leaving the reader to consult the authors in qr.c>tuai. Tezozomoc 
{Cronica," Cap. XXVII, p. 40, cap. XXVIII, p. 42, cap. XXXI, pi>. 48 and 49, cap. 
XXXIV, p. 64, cap. XXXVII, p. 69, cap. LXXV, pp. 127 and 128. cap. LXXXVIll, p. 154, 
cap. LXXXIX, and XC, pp. 167 and 158). Durdn (Cap. XVIII, pp. 150 and 167, cap. 
XIX, pp. 165 and 166, cap, XXI, p. 182, cap. XXII, p. 18), cap. XXIV, p. 201, etc., etc) 

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back to the "chief of raen."258 j^ case delegates arrived from 
other tribes, they liad to be provided with lodgings. The '' tecpan " 
was the place reserved for that purpose, and there they were ac- 
cordingly quartered. They, consequently, first came into contact 
with the *' chief of men," who was, officially, "mine host" for 
them, and who acted as intcr.nediate between them and the su- 
preme tribal authorities.^^^ 

No more striking illustrations of the foregoing can be found 
than the reception, by the Mexicans, of Cortes and his troops, at 
the pueblo of Tenuchtitlan. The house where the Spaniards were 
quartered was the " tecpan " or ofidcial house of the tribe, vacated 
by the official household for that purpose. ^^^ in sallying forth to 

In addition to tliese aiithoriticB I add in a general way, Torquemada (Lib. XIV, cap. 
II, p. 587). Tliis anthor has evidently either copied from, or at least used tlie name 
pources as Fray Gtronimo de Meiidietn (Lib. II, cap. XXVI, p. 12«). My learned and 
highly esteemed fVie«»d, Sr. Icazbalccta, ascribes to tlie statementi^ of both authors '*a 
common origin" i.e. "Tnbhi de Correspondencias," (p SS). This common source, 
however, Is found in Zurita (•' Rapport** etc., pp. 118 and 119). From whom he, in 
turn, derived his information, has not as yet been ascertained. 

'« See tlie authors quoted above. Also Clarigero (Lib. VII, cap. XXV, p. 502). 

3»» This follows from tlie facts already proven in i-egard to the duties of the " chief 
of men" as head of the oflltiial household. 1 would particularly refer to Tezozamoe 
(*• Cronicrt," Cnp. XCVII, pp. 172 and 173). 

««o" Codice Ramirez" (p. 87) : •• y con esto el gran Motecuczuma, por el mismo drden 
que vino se volvid con el capitan Don Hernando Cortes, al qual y a los suyos mand<5 
que apo8ent:i8sen en las ca^as reale.<, donde se les did muy buen recaudo&cada uno, 

Begun las calidades de las diversas gentes que iban con el capitan £1 dia 

Biguiente el capitau Don Heinando Cortes hizo juutar ft Motecuczuma, etc., etc 

en una pieza que en la casa Imbia muy ft proposito para esto." .... ; (p. 88) : ** Porque 
acabada de liazer esta platica el buen capitan Don Hernando Cortes, los soldados 
saquearon lis casas reales, y las demas principales donde gentian que habia riquezas 

En este tiempo reeelandosc el Marquis no resultasse desto algun incon* 

veniente prendid al gran Rey Motecuczuma, poni^ndole con grillos, y a buen recaudo 
en las cabas reales junto a su mi>-mo aposento .... ;" (p. 89): *'comenzaron k pelear 
con los espaiioles con tal furia que los hizieron retraer&las casas reales donde estaban 
aposentados." This is plain enough. It is commonly stated that the Spaniards were 
quartered at a great house belonging formerly to •♦Wralhy Cliiers" father, *^Face in 
the Water." Tlie anonymous *' Fragmento Ao. 2" (p. 139) has the following: "apar- 
tando la gente hasta que llegaron al palacio Ileal que habia sido de su padre de 
Motecuzuma Axayacatzin, y entrando en una gran sala en donde tenia Motecuzuma 
su e:ftado, se sento y a sen dereclia mano a Corte-*, y hizo senas Cacama que se apar- 
tasen todos y diesen orden en aposentar los cri^tianos y amigos que traian en aquellos 

grandes palacios " Tiiis anonymous fragment is evidently of Tezcucan origin. 

SaJuigun (Lib. XII, cap. XVI, p. 24): ••J^uego D. Hernando Cortes tomo por la mano 
ft Moctliecuzuma, y se fueron ambos juntos a la par para las casas reales;" (« ap. 
XVII, p. 2.)): "De quo los Espanole^^ llegaron a las casas reales con Mocthecuzoma, 
luego le detiivieron consigo;" (Cap XXI, p. 28): "Como comenzo la guerra entre los 
Indios y las Espafioles, et-tos se fortalecieron en las casas reales con el mismo Moc- 
thecuzoma " (Id. p. 29, Cap. XXIII, p. 31, etc., etc.). These statements are very 

positive, and the less suspicious, since tliey represent traditions from three different 
sources, all evidently furnished by eye-witnesses, namely : Mexican (** Cod. Ramirez"), 

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greet the newcomers at the dyke, "Wrathy chief" acted simply, as 
the representative of the tribal hospitality, extending unusual 

Tezcucan (Fragment No. 2) an«l Tlatilulcan (Sahagun). Tlie statements by Spanish eye- 
witnesses are of (ioubtfiil authority in this case, since none of them knew, or could 
know anything positive; and the pueblo was subsequently, so utterly destroyed that 
even its site could hardly be recognized. Nevertheless, the ** old and new palaces of 
Montezuma *' have become household words. 

It is, nevertheless, interesting to compare the reports of eye-witnesses with the above 
quotations from aboriginal sources. Cortes (" Carta Segunda,*^ Vedia I, (p. 25): ''y 
tornd a seguir por 6 la calle en la forma ya dicha, fasta llegar a una niuy grande y 
hermosa casa, que 61 tenia pai'a nos aposentar, bien aderezada." The house where 
" Wrathy Chief" staid with his household, appears to have been some distance from 
the Spanish quarters, since we read (p. 27) : *' dejando buen recaudo en las encrucijadas 
de las calles" — thus showing that crossings intervened. The following, however, is 
very plain, if not decisive ("'Carta Tercera,** p. 7«): "E porque lo sintiesen mas, 
este dia lice poner fuego a estas casas grandes de la plaza, donde la otra vez que nos 
echaron de la ciudad, los espanoles y yo estAbamos aposentados; que eran tan 
grandes, que un principe con mas de sciscientas personas de su casa y servicio se 
podian aposeatar en ellas; y otras que e8tal)an junto a ellas, que aunquc algo meuores 
eran muy mas frescas y gentiles, y tenia en ellas Muteczuma todos los linajes de aves 
que en estas partes habia." This remark about the ** principe con mas de seiscientas 
personas de su casa y servicio" evidently agrees with his previous i^tatement concern- 
ing the household of "Wrathy Chief" ('^ Carta Segunda," p. 35): '• l^a manera de su 
servicio era que todos los dias luego en amaneciendo eran en su casa de seiscientos 

senores y p.^rsonaa principales, los cuales se sentaban Y los servidores 

destos, y personas de quien se acompaiiaban henchiiin dos 6 tres grandes patios, y la 
calle . . . ." Consequently, Cortes himself plainly confirms the native authors above 
quoted. Andris de Tapia ("/JeZacion," etc., p. 679): "ehizo aposentar al marques en 
un patio donde era la recamara de los idolos, e en este patio habie .salas asaz grantles 
donde cupieron toda la gente del dieho marques e muchos indios de los de Tascala € 
Churula que se habien llegado a los espaiioles para los servir." This eye-witness, 
therefore, does not mention eitlier of the two '* houses of Montezuma." The father of 
the tale is found in Jiernnl Diez de Castillo (Vedia II, Cap. LXXXVill, p. 84): "E 
volvamos a nuettra entrada en Mexico, que nos llevaron ft aposentar ft unas grandes 
casas, donde habia aposcntos para todos nosotros, que liabian sido de su padre del 
gran Montezuma, que se decia Axayaca, adonde en aquella sazon tenia el gran 
Montezuma bus grandes adoratorios de Idolos " 

Thus Cortes, who is the principal eye-witness in the case, unmistakably states that 
the Spaniards were quartered at the " tecpaii." Of the otlier two conquerors, only the 
last mentions the Spanish quarters as being the "house of Montezuma's father," 
whereas Tapia is silent on the subject. Taken in connection with the assertions of the 
native writers, the statements of Cortes become of great weight. 

It Is but natural to expect (and the fact needs no proof) that the subsequent writers 
have followed either one or the other of the two versions. Afier having transcribed 
the letters of Cortes, Ox^edo (liib. XXXlII,cap. XLV,p.500) mentions also: "ajiossentd 
a^l 6 a los chrlpstlanos, en unas casas que avian seydo de su padre," which statement 
he gathers from other conquerors (p. 494) whose names he fails to give; (Cap. XF^VII, 
p. 507) he calls the said house " la inorada de su abuelo." 1 forbear further abstracts. 

Fortunately an official document of early date informs us of the exact situation of 
these two buildings. It is the '• Merced a ffernan Cortes de Tierras inmediatas d Mexico, 
y Solares en la Ciadad" (Col. de Doc's Icazbalceta, Vol. II, i)p. 28 and 29). It bears 
date, Barcelona, 23 July, 1529, and conveys to Cortes : " los solares e casas son la casa 
nueva que era de Montezuma, que alinda por l:i una parte con la plaza mayor ^ la 
calle de Iztapalapa, ^ por la otra la calle de Pero Gonzalez de Truxillo, e de Martin, 
Ldpez. carpintero; k por la otra la calle en donde estan las casas de Juan Rodriguez 
albanil; 6 por la otra la calle piiblica que pasa por las espaldas : h la casa vieja que era 

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courtesies to unusual, mj^sterious, and therefore dreaded guests. 
Leaving these in possession of the " tecpan," he retired to another 
of the large communal buildings sun-ounding the central square, 
where the official business was, meanwhile, transacted.^^i His 
return to the Spanish quarters, even if compulsorj^ had less in it 
to strike the natives than is commonly believed. It was a re- 
installation in old quarters, and therefore the" Tlatocan," itself, 
felt no hesitanc}^ in meeting there again, until the real nature of 
the dangerous visitors was ascertained, when the council gradually 
withdrew from the snare, leaving the unfortunate '' chief of men " 
in Spanish hands.262 

We have qualilied the position of the " Tlacatecuhtli " towards 
the council as intermediate between tribe and confederacy. In 
the latter body, he was but the general-in-chief and had no other 
duties or power.^^^ Therefore, when Cortes seized the head-chief 
of Tezcuco, " Wrathy chief" had no authority to assure the Span- 
iards, although they called upon him for that purpose.^* He ex- 

de MontcEuma, donde vivfs, que alinda por la frontera con la plaza mayor 6 solares de 
1h iglesia, }' la placeta; por un lado la calle luieva de Tacuba, ^ pot* otro la calle que va 
de la plaza mayor ft S. Francisco; por las espHldas la calle donde eetd'n las casas de 
Ro«irigo Rnngel, 4 de l*ero Sanchez Fari'an, ^ de Francisco de Terrazns, k de Zamudio." 

From these data it is easy lo recogni/.e in the prei^ent National Palace the site of the 
so-called •• new houses of Montezuma," and in tlie buildings facing the "Empedradillo '* 
the "Old houses." Both faced the central square of the pueblo. 

The so-called **old houses" were also immediately in front of the central "house 
of God." It is said by Tezozomoc (Cap. LXX, p. 117): '-Este templo y ceiTo estaba 
puesto adonde fticron las casas de Alonzo de Avila y Don Luis de Cantilla, hasta las 
casas de Antonio de la Mota, en cuadro." Now according to Icazhalceta (" Los tres 
Didlogos," etc , notes to Sec'd Dialogue, p. 218) : '' La casa de Alonzo de Avila estaba 
en la la calle del Reloj, esquina ft la de Sta Teresa la Antigua." Consequently the 
'* old liouRcs" were indeed those which Bernal Diez mentions as ^' where Montezuma 
at that time had his great adoratories." Now these "old houses" were, as we have 
seen, the "tecpan" or official house of the Mexican tribe. This again fully sustains 
our proposition that tlie Spaniards were quartered there, and that the official household 
had vacated it for that purpose. 

''"'This fully explains the designation by, "New houses of Montezuma" mentioned 
in the prece<iing note. 

202 That the council met at the Spanish quarters, is plainly stated by Bernal Diez de 
Castillo (Cap. XCV, pp. 95 and 96, Cap. XCVII, p. 98). Oviedo (Lib. XXXIII, cap. 
XLVII, p. 505)). Tliat the members of the council gradually witlidrew, is equally 
certain, from the fact that a successor to " Wrathy Chief" was elected, while the 
latter was still alive and a captive of the Spaniards. 

268 Durdn (Cap. XLIII, p. 347). Zurita {** Jiapjwrt^^* etc., p. II): "Le souverain de 
Mexico avait au dessous de lui ceux de Tacuba et de Tezcuco pour les affaires qui 
avaient rapport ft lagueiTe; quant ft toutes les autres, leiirs puissances ^talent egales, 
de Porte que Pun d'eux ne se mSlait jamais du gouvernement des autres ; " Id. (pp. 93 
and 95). Mendieta (Lib. II, cap. XXXVII, p. 166). Herrera (Dec. Ill, lib. IV, cap. XV, 
p. l:«). The two latter authors evidently have followed Zurita. See also note 4. 

»•* See note 4. Fragmento No. 2, in " Biblioteca Mexicaiia " (pp. 142 and 143). 

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ercised no command over the other tribes except in the field. 
Still, his position, as confederate leader, was important enough to 
make the right to invest him with that dignity one of the condi- 
tions of the agreement under which the confederacy was formed. 
Hence the two head-chiefs of Tezcuco and Tlacopan are frequently 
mentioned as " electors" of the *' chief of men." But their pres- 
ence at the inauguration of every new officer of that rank did not 
imply the right to control his election.^^^ It was a mere act of 
courtesy which the Mexicans returned, as often as their associates 
performed the same ceremony,^^^ with this difference, however, 
that in the case .of the Mexican chieftain, the two confederates 
appeared personally as being thereafter his military subordinates. 

The military organization of the ancient Mexicans has already 
been described else where ,2^^ and, so far, we have nothing to add 
to that picture. In it, as well as in social organization, the kin 
formed the basis, and since we have found, in the autonomous 
kin, that the military chieftains were the officers of justice, we 
are justified in looking for the officers of tribal justice among 
the chiefs of highest grade in the tribal forces. The " Cihuaco- 
huatl" as ex-officio war-chief of the tribe could not, as we have 
already seen, officiate in that capacity ; but the " chief of men " was 
very distinctly clothed with the power to punish, even to such an 
extent as to impart to it the character of arbitrariness and des- 
potism. If, however, we examine closely the instances reported, 
the}^ appear to limit themselves : — 

1. To cases of insubordination, unfaithfulness, or treachery 
within the official household i^es 

sflfi" Tenure of Lands'^ (p. 417). Zurita ('* Rapport,^* etc., p. 15): " Si Je souverain de 
Mexico mourait sans heritier, les principaux chefs hiichoisiesaient iin successeur dont 
I'^lec^tion etait confirmed par les chefs sup^rieurs de Tezcoco et Tacuba.*' •' Codice 
liiimirez" (pp. (50, 67 and 72). The chiefn, oi Tezcuco ami Tlacopan, are mentioneil as 
♦•electors," but stress is placed only on the fact, that they *' crowned the King." This 
evidently means illvc^titure only. SaJiagun (Lib. VllI, cap, XXX, XXXl, XXXII, 
XXXIIl and XXXIV). Although very full of details, he plainly avoids mentioning the 
chiefs of Tezcuco and Tlacopan as taking part in the election (p. 318). Durdn (Cap. 
XXXll. p. 255, XXXIX, pp. 302 and 303, Cap. XLI, p. 325). 

^'^Ztirita (p. 16). Gomara {*' Conquista de Mexico,*' Vedia I, p. 435). Tezozomoc 
(Cap. CI, p. 179). 

a«7 *i^rt of War and Mode of Warfare of the Ancient Mexicans,-* 10th Report Peabody 
Museum, 1877. 

aoBTheiefore the recommendation, by the " Cihuacohuatl," to the newly appointed 
servants and runners in the official household: *'and behold that, where you enter, 
there are many valuable women, and also slaves, watch that you do not go astray, for 

at once you will be destroyed without the knowledge of any living soul " 

Tezozomoc (Cap. LXXXIIl, p. 146). It is evident that the " chief of men" had, in such 

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2. To cases of military insubordination, or treachery:*®* 
8. To instances of great importance, demanding sadden action 
in order to avoid public danger.^® 

oases, the right of suininRiy panishinent, as well as in the case of nnfaithfhl stewards 
or fiisobedfent subordinates in general. Compart, on the saihe subject, Durdn (Cap. 
LIU. pp. 419 and 420). The fact, that the ** CihuacohnatP' spoke to the young men, 
farther sliows that the exercise of such extreme power was known to, and sanctioned 
by, the council. 

*** Quotations are useless, the necessity for such a power being too plain. But it U 
well, hei-e, to state that among much ruder tribes eTon, and where the democratie 
element was carried to its greatest extremes, arbitrary punishment by war-captains 
sometimes occurred. Thus it is asserted that, at the bloody engagement of Point 
Pleasant, Va., 10 of October, 1774, ** Gomstaik," the great Shawnee war-chief, toma* 
hawked one near him who had **by trepidation and reluctance to procee<l to the 
charge, erinced a dastardly disposition." Alex S, Witheri (** Chronicles of Border 
War/are,*^ Chap. VII, p. 129). It explains also the summary punishment of traitors 
and deserters, as well as of those who assumed the dress of the prominent war*chiefs 
during a raid or an engagement. 

*7<>The incarceration of runners or messengers may be <and has been to me In 
conversation by an aged friend) brought up in proof of the belief, that the " chief of 
men " had a despotic power. Instances of that kind are related by Tezozotnoe (Cap* 
CVI, p. 180). This is the truly admirable description of the first news brought to 
Mexico of the approach of European ships. It is too lengthy to be' inserted here. A 
runner fk-om the coast carried the news, and ** Wrathy Chief said to Petlaoalcatl, take 
him to the cell made of logs (probably split logs, ** tablon ") and look after him. This 
was done to keep the news secret until the matter conld be investigated, and was, 
thei-efore, a preliminary measure of policy. But, aside fVom the tact that the isolation 
rather than incarceration (since the latter would have been death) of a news-carrier 
was a matter of policy, and as such a duty of the "chief of men,** it was also an estab* 
lished custom among the Mexicans. This is stated by Sahagun (Lib. VIII) cap. XXXVII, 
pp. 327 and 328) : ** Habiendo cantivado i alguno, luego los mensageros que se llamabai) 
tequipantitlanti, venian ft dar las nuevas al rey de aquellos que habian cautivado^ 

sus enemigos, y de la victoria que habian obtenido los de su paite y el 

sefior los respondia dici^ndoles: "Seats muy bien venidos, hu^lgome de oir esas 
nuevas, sentad y esperad, porqne me quiero certiflcar mas de ellas, y abi los mandaba 
guardar, y si hallaba que aqnellas nuevas eran mentirosas, hacialos matar.*' Tbr^we* 
mada (Lib. XIV, cap. I, p. 536) : " y que no le dejasen salir de Palacio hasta tener 
segundo CoiTeo, que conflrmase aquella buena nueva, que ^1 havia traido. Vetancurt 
(*' Teatro,** Parte Ila, Trat. II*, cap. II, p. 381), almost a textual copy of the pieoedkig 
author, as might be expected. 

Among the many tales of prodigies, supernatural warnings, witciicraft, etc., etc., 
connected with the months and years Immediately preceding the arrival of the 
Spaniards in Mexico, there is, also, one bearing a particularly pure Indian character. 
See Durdn (Cap. LXVIII, pp. 524-630). Tezozomoo (Cap. CVI, p. 188 and 189). *» Wrathy 
Chief,*' alarmed by mysterious prognostics, called upon all the old men, women^ and 
the medicine-men, to report what they might dream or had dreamt within a certain 
lapse of time. It is well known what high value is attached by the Indians In general 
to dreamt. There can be no doubt that, with the prevailing notion that dreams con- 
tained important and solemn premonitions, warnings ft'om a higher source {SaJiagun 
Lib. V), the i-equest to communicate such dreams for the benefit of the tribe, to the 
" chief of men,*' was very natural. According to MotoHnia (*' Hi»t. de los Indios de la 
NxievaEspana^** Col. de Doc, Trat. II, cap. VIII, p. 130), certain men were particularly 
expert in explaining and interpreting dreams, so much so, that they wera generally 
applied to for such purposes. If now, as the story in question has it, the said people 
refused to comply with suoh requests, the " chief of men" might, of hit own accord 

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• The powfet to appoint, -vrbichf 1fee^<*chteft>ft»ett*^ enjoyed withtn 
tbe' Hmitd of the offieial household, implied, to the sanie extent^ it^ 
povrev to retnove and to punifife.^ 14 Waft tior eveii necessaiy ti^ 
refer such eases to the actioh of thlai conneih ' -| ; • t 

In punishiii^ suminaiilyttolsof insttbordinatlOn, or of tfeachei?jr, 
^whenc^mmitteddm-iiig warfare,' the' '''ehl^f of nieh** acted ad 
coromander-m^hlef Sand in istriet eompMance wrth the duties^ of 
tifat office. ' 

• Lastly, aoertttinamouiit of discteticrtjal'y power' was neete'^sartly 
vested in the ohiief eotoniaodet^for the public griod. Placed at ttrc 
^i^tecpan'* to *'wa:tch^ gntoi abd protect ^^ the trJbe atid the cofcifed^ 
et'acy, it was necessary to empower the^^ Tiacatectihtllt" ih cases 
t>f great* in^ency, to act '^oh the'spw of the-to^ment;" It was hot 
a privilege of royalty or a despotic rightybitt att x^bligationresalt' 
injg from the nature of the oflSce. * . : 

• Consequently the ** chief of m^n "was not^ properly, the ekecu^ 
tioner of tribal justice either. This duty devolved upon other 
war-chiefs of lower i^anic, who, although superior in Command to 
the leaders of the kins, when. on the war-path, never otherwise in* 
terfered with the duties oft" tlie latter, ah}' ihore thati tribal jurisdidi 
tion conflicted with that of the autonomous kins. » These chiefs 
^were the '♦four leadei^ of the fbtir great quarters of Mexico Te^ 
nuchtitlan," 2^^ or, as we have already intimated, of the four 
phratuHes^iiito which the twenty kin* had again agglomerated fdr 
religious and military purposes. These four '* great quarters," 
named respectively, *' Mo3'otian^'?'"^Teopan,'*^'Aztacaloo" and 
"Cuepopan,"^* weref not, as the ciirrent notion has it, so many 
government^ subsections, or wattes of aboi-iginal Mexico. Shells 

even treat them as tmitors^ and seeing th«ir p«r»on6 topifevenft i(^m*jto the imblie 
cause. All this, of course, |»vovided the stc^ry be trtie 1 

The cases where seci-ecy is enjoined ander iienalty of death, are' so plain thav no 
iUnstiratian ismee^d. The ^'chlef of vnen" had the ri^t, in XH-epanng general 
business, to give secret orders, to detail particular persons on secret missions. Anyone 
'dHm^in^ tlieseorets entrusted 'to bim,'committ6d'aii act of treasoni and therefore it 
was necessary that he slionld be chastised ontihe spot and on the spur of the moment, 
V> obviate iUrther mischief. - 
, iituArt of W<tr »* (ppi 120, 121 and 122, especially notes 97, fi9 and 101). 

art xhe formation of these geographical oii-cumsteriptionef I iwwve already ie^]ain«d. 
.The names can, in isart. be etymologizedi They ai* respectively: "Moyotlan"- or 
place of the mosquito, ft*om *♦ moyOtl,"- mosquito {AMina II. p. 58); "Teopan** or 
'place of 'Godj from<«'Teotl,'* God; ♦♦A«taca>co," •* place' of the house of the heron,^' 
from "Aztatl," heron {Molina I, p. 65 and II, p. 10), and " calli." house; "Cuepopah** 
-or " place of the dyke," ft-om " cuepotli,'*= dyke {A/o«na I, p. 28, Ily p. 26). All of which 
^VB, re6{)ect£iitiy, submitted* '^ 

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of as many original kins, common worship, perhaps, and common 
leadership in battle, were all that remained of the former organic 
cUister.^'''^ Rites of worship, as practised by a phratry, it is not 
the place here to investigate, and the position and functions of the 
phratry in warfare have already been discussed b}'^ us. The office 
of tribal executioners of justice, however, vested in the *' four 
leaders " of the four phratries, deserves particular attention here. 
The names of the four war-captains or rather their official titles, 
are: "man of the house of darts" (Tlacochcalcatl), "cutter of 
men" (Tlacatecatl), " bloodshedder " (Ezhuahuacatl), and "chief 
of the Eagle and prickly pear" (Cuauhnochtecuhtli). These 
officers are first noticed in the begnning of the fifteenth century, 
at the time the confederacy was formed .2^"* They appear as imme- 
diate adjuncts or assistants — military lieutenants as it were — 
to the " chief of men " then promoted to the position of confed- 
erate commander, as well as of tlie " Cihuacoiuiatl." 275 Their 

"^Tbesefour geographical clusters, each comprising a certain number of original 
kins or calpulli, became known subsequently as the four Indian wards of Mexico, 
named respectively, San Juan (Moyotlan), San Pablo (Teopan), San Sebastian (Azta- 
calco;, Santa Maria (Cuepopan). Tezozomoc (Cap. HX, p. 98), Vetancurt (*• Crdnica,^* 
etc., p. 124), Durdn (Cap. V, p. 42). That each of them comprised a certain number of 
kins has already been stated. The four chiefs are often mentioned as ** councillors;" 
but their very position as immediate assistants to the '*cliief of men," is clearly 
established by the '' Codice liamirez^^ (pp. 57 and 58). which agrees with Durdn 
(Cap. XI, p. 103) and also by Sahagun (Lib. XXX. p. 318): "Elegido el sefior, luego 
elegian otros cuatro que eran como senadores que siempre habian de estar al lado 
de ^1, y entender en todos los negQcios graves del reino," . . . This makes it evident 
that they must have been war-chiefs, and not representatives, in the supreme council, 
ef an administrative circumscription superior to the "calpulli" — "barrio" or lo- 
calized kindred gioup. The four "main quarters" therefore formed miZi^ary bodies 
only, and this follows plainly from the detailed descriptions of warfare, so profusely 
given in the chronicles of Tezozomoc. The truth of this fact has been felt, though 
not fully understood, by Clavigero (Lib. VII, cap. VH, pi). 494 and 49.5) where he hints at 
the four chiefs (under various names) as so many "classes of generals." These four 
superior war-captains are, besides, found also in Michhuacan, " lielacion, etc., etc., 
Mechuacan" (*' PnmerA Parte," p. 13) : "tenin puesto cuatro senores muy principales 
en cuatro fronteras de la provincia," and in Peru, where they have been decorated 
with the titles of •' vice-roy." 

It is interesting to note here that the term •' barrio" is applied by Spanish authors 
indiscriminately to the four great subdivisions and to the kins themselves. 

in zfurdn (Cap. XI, pp. 97, 102 and 103), Tezozomoc (Cap. XV, p. 24) both place 
the organization by which these four chiefs appear prominent, immediately after the 
overthrow of the Tecpaneca, and before the confederacy with the Tezcucans and Tlaco- 
pans. Jxtlilxochitl (♦• Hist, des ChichimSques," Cap. XXXI V, p. 23fi) speaks in general 
terms of a *• reorganization," alter tlie confederacy had been formed. So does Acosta 
(Lib. VII, cap. XVI, p. 493), while " Codice Ramirez'- (pp. 57 and 58) agrees with the 
two first. 

3" It is self-evident that these four chieftains were also inferior to the "snake- 
woman;" and this fact is amply illustrated. Durdn (Cap. XVI, pp. 140 and 141) con- 

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oflSce was, of course, elective and non-hereditary, and the election 
took place in the same manner and (sometimes, at least) at the 
same time as that of the " chief of men." ^76 j^ case the latter 
was unable to lead the confederate forces on the war-path, and the 
" Cihuacohuatl '* himself was not available either, then the posts 
of chief commander as well as of leader of the Mexicans proper, 
might be filled by one or the other of them.277 This, however, 
was alwaj's a temporary situation, and there appears to have 
been no difference of rank between the four, since the Mexican 

cei-ning "Ezhuahuacatl," Cap. XXII, p. 189): "y luego Tlacaellel, principe de la 
milicia, niandd en nombre del rey que fuesen aperclbidos, etc., etc. . . .". "Llamd el 
rey a un sefior que se Ilamaua Cuauhpochtli y hizolo general de toda la moltitud 
dicl^ndole que Tlacaellel era ya viojo y que no podria ya ir a guerra tan apartada, 
dandole todas las e^enciones y autoridad que senn'jante oflcio reqneria, . ; . ." (Cap. 
XXXIV, p. 267, etc., etc.). Tezozomoc (Cap. XVII, p. 27), Tlacaellel, subsequently 
elected " Cihuacohuatl," was then only " Tlacochcalcatl," and he is, at that time, merely 
mentioned as "uno de ellos de log capitanes." Stilt (p. 28) he appears as ''capitan 
general de ellos." (Cap. XXII, p. 34): ''Respondid Tlacatleltzin y dijo: quieio dar 
aviso & Tlacatecatl. y & Tlacochcalcatl, para que publiquen luego en toda estar^piiblica 
esta guerra por los varrios, . . ." (Cap. XXVIII, p. 43) : •* mandaron el rey Moctezuma 
y Zihuacoatl, & los capitanes Tlacatecatl, Tlacochcalcatl, Cuauhnocbtli,,y Tilanca^ui, 
que luego al tercer dia se apercibiesen y pusiesen en camino con sus armas y vituallas," 
etc., etc. This entire " Crdnica " bristles with facts of that kind, too numerous to quote! 
The fact, amply proven heret<»fore, that tlie '* Zihuacoatl" was also ex-oflftclo head" 
war-chief of the tribe of Mexico, is alone sufficient to establish the inferiority of tlie 
four others. See •* Codice Ramirez^^ (p. H7). 

"•In evidence of this there is the entire series of specifically Mexican authors,^ 
starting witli the " Codice Ramirez" (p. 57; : " Primeramente ordenaron que siempre se 
gunrdasse este estatuto en la corte Mexicana, y es que despues de electo Rey en ella, 
eligiessen quatro senores, hermanos 6 parientes mas cercanos del mismo Rey, los 
quales tuviessen ditados do principes: los ditados que entonces dieron k estos quatro 
el primero fu6 . . . (follow the four names and titles). . . ." The same version lias 
been adopted with more or less variation, by Durdn (Caj). XI, pp. 102 antl 103), 
Tezozomoc (Cap. XV, pp. 24 and 25), Joseph de Acosta (Lib. VI, cap. XXV, p. 441) and 
Herrera (Dec. Ill, Lib. II, cap XIX, pp. 75 and 76). Besides, tliere is the independent 
version of Snhagun (Lib. VII l, cap, XXX and XXXI, pp. 318 and 319;, who Is even too 
positive, stating, or at least leading to the inference, that at every election of a "chief 
of men," the four <iffices were also newly filled, and invested at the same time. This 
appears to be a misconception, explained by the Codice Ramirez and by Duran. 

It may be in place here to refer to a difl'erent version, wliich reduces the number of 
these assistants to the "chief of men" to two only. We find it in GomaraC Conquistu,^^ 
Vedia I, p. 442): "Las apelaciones iban ft otros dos Jueces mayores, que llaman- 
tecuitlato, y que siempre solian ser parientes del sefior . . . ." and also in Zurita 
(" Rapport," etc.- p. 95). By reference, however, to Sahagun (Lib. VI, cap. XX), it will 
be seen that the celebrated Franciscan speaks of only two of the four which he men- 
tions (Lib. VIII, cap. XX:3^. These two are "Tlacochcalcatl" and "Tlacatecatl" 
(" Tlacochtecutli " and "Tlacatecutli" by abbreviation), whom he again calls (Lib. 
VIII, cap. XXIV, p. 311) " principal captains, of which there were always two," while 
(Lib. IX, cap, I, p. 336) he calls the same, "governors of TIatilnlco." The Tlatilulcan 
tradition appears very plainly in the writings of the learned friar, which writings have 
wielded such a vast infiuence in literature on aboriginal Mexico. 

277..^;.^ of War'' (p. 122), Sahagun (Lib. VIII, cap. XXIV, p. 311), Durdn (Cap. 
XXII, p. 189), Clavigero (Lib. VII, cap. XXI, p. 494). 

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<»famiticlef8 tnentuxrvithem ukUscHmiiwteljIis nUkarycsiptftiiis -of 
the htgtieai.raiik. StiU, w^iiie this faot reaiainft« andispnt€!dr'W6^ 
notice ainoDg Later anthom that tw0 of the lour, oamelj: ^siR^mA^ 
huacatl." Mid ^^Tlacat«ocatl". are called : ''^Judges/'ST® • How tto 
duties of ja d^dge ailitiDg>peniianetttly4 could ibe f^erfonaedby a< war- 
<?^ef^i8 Tather.4iffioaU ta oomprdieiidv wbereoc^^bose of ia-cfai^ 
execiitio«iei.o£ judicial decisioiis agree well with those of a itiilitary 
effice, .in . priaiittver sooiety.v 'f Oaaahnoc^teciihtii " •) \b poskivety 
stated; to have^ been, ^"^ chief exeoutioner ". (^^alguazil maior ") or 
sbedff.'J^"^. Xhe, Codex BJeodo;?^ however, makes allibur jequal, by 
(^lUngeach .of ithem/,^ executive officer^"' >'Sanioei Fmcbasv m« his 
^pilgrimage," rendert this incorrectly by *'offlcer of dispatch." ^^ 
$iuch was ixideed. their torue position*. .What tlie^^Velder. brother" 
was to the kin, the fomr gi*e^t w^r-captains wei*e to thfe tribiR* 
Totbem the judicial dedisionsiof thecomicil were communicati^ 
through the ^> Cihuacohuajil " or the '*^ TiacatectihtlV' and they- 
wer^. intrusted, with, . thein exiecvition.. Cppseguejatly . they, .supers, 
ihtended themaintenaneeof t>rder and quietness at- every plfiee^ 
where the tribal authorities exercised owitrt^U as, for, instance^ tu| 
the markets, ■ and In tlie central, square eneompassing . the great 
"house of God." But they were also the. imniediate military 
aesiatants lof the ^^ chief ^oC men/' and ast such, as far as be ex- 
etcased ajpy pow€|r to {!)iQni8h, they also acted as his "executive offi- 
cers "^when aecessary^^^i. It iSidonlJ^&il) however^ if: the four lesdera 

i »s The ^* Tteeatecatl'* is caUed a ^ Judge*^ M#on(i ia jnHsilietlon only to the ** €ibua^ 
cOhuatl ** by Tor^usmada <Libi XI, cap. XXVy p. 8di). Tlie «adie author call* hint it' 
^^THliant captain '' (L^bi it cap. LXXVI, p. 811 >. After this author, he has beeif caUed 
a' Judge by Vetancurt (Pai*te lio^Tra^ ir^cap. I, p. 8i0),'by Giavigero <Lib. VII; eapl 
X Vi, p; 481 ). It is singular to notice that for instance. FetoficiiH (Parte Ua, Trat. I*, cap. 
XVUI, p. g2«) mentions that '« Water- EUt'^ (^'AiiniUotl ") was ^'Tlaeateoatlo,* captain 
general of the Jlexicanet'' In this helollewa Torquenutda (Lib. ir,«ap. LXill, p. I<e6>,' 
who, in ^un, agt^ees with his predeoetfsori Mendiet^ (Lib. II, cap. XXXV imd* XXXVly 
p. 19)).' The latter^ particularly explicit. His atatements agree with those of- the 
CfdesB n ifenOozO' (phunefi XIII anrd'XVIM). ^^EKhuahnaoatl'* is ideo represented* as; 
'falieakle'* in the Chdex Mtndoza (plate LXIXytereera Partida, No. 18)* which again, 
repreetents him as *»executoi*'' (plate LXVl* tercera Partidai No. 10). AH this tends to^ 
show ttmt 4tiese offioertf,/ besides being principal wiir-captains, -were also executbris 
of Jmiicial decrees. 

V9 Ramii^§z de Fuenl«U {LeUrt, Mexico, 8 Nov., 1082^ *< Premier SecueOt^* etc.. p. 248>f 
'^Un oificier, nomm^ Gaamuchil. remplit les fonctions d'alguazil mayor. . .*' Torque^ 
mada (Lib. XI, cap. XXV, pp. 892 and 853), VetemcuYt (Vol* I, p. 370, etc.), Olavigero 
(Libi VII, cap. XVI, p. 481).* The *♦ Codex 3fendoza» (plate LXVi, teraera Partida, iioj 
7) oallejhim ♦^-executor," like *• TWancalqul" and " Eibtiahwacatl." 

9«o Codex Mendoza (plates LXVI and LXVIII). In the latter he caUs them^ Valient 
tesv'? . For the iDterpretAtien^of Purofaas see Kingiborougk (Vol. VI, pp. 73 and 74). 

3*^ Instances of that kind are freqventijc founds both in Burin' imd TeaoBomoo.' > ' '^ 

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hf^ ^.rigbttto appoint tfaei^ssistautgi^ whom they, needed, beyond 
9Qn4ingout^i»bordinate9, or rather detailing them on particular 
^crauds.. As to y^atehmeo^in th^ market-plaoea, — ^^ the officers who 
ch'culatted about preeejrviog peace and order there^— they were 
placed ali their posts by the tdhe.. But it was tiieir duty to report 
to th,€^ chief executive officers, nay^ to apply to them for assistance, 
whenfsy^rauything happened which required the exercise of higher 
power..; On tha other. hand, these subalterns obeyed their orders in 
the interests of .tribal business. 

We have: already noticed that, among the. four, " Cuauhnoch- 
teeuh.tli'Ms! most distinctly mentioxied as judicial executioner, even 
pro^nii^enrtly before /the; others.. But this officer again is lost sight 
of at the election of a "chief of. men." Then another looms up 
in his placew This;is the ^'man of the black house," Tlilancalqui. 
It ^ippeara that: eachi of the ^ three first^named positions namely t 
"TtacochQalcatU";V TlacateccatV'.'A EzlHjahuacatl," waa, together 
with thc^ last-nam^i^'.Tlilancaiqai," a preparatory stage for the 
office of "chief of men." 282 u Q^e of these four had to be 
^tect^d ki^ " says the Godex Eamire*.^*^^ while it is difficult to 

!>.B3Thi8 statement resta upon the authority of the **Codice Ramirez*^ (p. 58). 
which document agrees almost verbally with Durdn (Cap. XI, p. 103). Aside 
feon yTeza^omoc (Cap, XV) an^iAeotta (Lib. VI,. <^p. XXV), who both, though rather 
vaguely, conflrm the above, there are other indipations confirming it.. For instance: 
Codex Mendoza (plate XI, interpi*etation or rather text) : ^* Yten el dicho Ti909icatzi Aie 
povisstrdmo valiente y^elicosoeaarmas^ y antea que subcediese eu el dicho aenorio, 
hi zo.por;9u. persona, en las guerras cosas hazafiosas de valentia^ pordonde alcanzd 
tomar di(itado de Tlacatecatl, que tenia por titulo de gran calidad y estado, y era el 
panto de que en vacan4e dicho seSorio, el tal punto y grado Subcedia luego en el dicho 
se^orio,. lo qufU. anaimismo sua aptecesores heimanos altras contenidos. y padre, y 
aguejo tnvi^ron el mismo curso de los titulos y dictado, por donde subi^ron k ser 
aenores de Mexico." Again (plate LXVIII, tercera partida), no difference is made 
between *• Tlacatecatl '* and *' Tlacochcalcatl ;*' both are called " valientes " and *' capi- 
tanea de los lexercitos Mexicanos." Torquemada (Lib. II, cap. LV, p. 172): "y que 
Axayacatl, Hijo de Te^o^omoctli (Senor Mexicano) era Hombre Valeroso, y de mul 
gran fuerte, para el Reinado, fue de comun consentimiento, pasado ft esta Dignidad, 
do la que tenia de Tlacuhcalcatl, y Capitan General, y hecbo R6i." (Cap. LXIII, p. 
186) : ^^Ahuitzotl, Hermano del Difunto, y de su Antecesor Axayacatl, era Tlacatecatl, 
6 Capitan General dd los Mexicanos. . . .'' Thus he acknowledges that both Tlacate- 
catl and Tlacochtecatl were alike eligible. It is but natural to I'ead similar assertions 
in-Vetancurt (Partd Ila, Trat. T, cap. XVI, p. 805, cap; XVIII, p. 320), and Clavigero 
(Lib; iV, cap. XVIII, p. 283, Cap. XXII, p. 287). This author speaks of the different 
** chiefs Of men^ having been ** generals in chief" of the Mexicans. Now since (Lib. VII, 
oap» XXL p. 494) he states that the '^ Tlacochcalcatl " was the ^^principaP' among the 
waiMsaptains, is follows, that the chiefs named by him had all attained that rank. But 
we know that other authorities frequently give them another title also, therefore the 
conclusion is but natural that tliere were severed head-chiefs for military purposes, etc., 
from whom the " chief of men " might be chosen. 

aw " BibliotecaMeancana**^ (p. 68). 

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conceive why the captain " CuauhnochtecuhtU " should not be one 
of the privileged four, it is easy to understand why the " man of 
the black house " should be of that number. The dark house, 
"Casa Lobrega" of Nunez de la Vega, in Chiapas, plays a 
conspicuous part in the worship, or " medicine " of the aborigines 
of Mexico and Central Araerica.^®^ The " man of the black, or 
dark house/* was therefore an intermediate between "medicine" 
and tribal government. As such, he appears to occupy a stage 
preparatory to the high office of " chief of men," and represents, 
together with the " satraps and papaoaqni " named by Sahagun,285 
the element of medicine or worship in the election of that officer. 
" Tlilancalqui " is occasionally, though rarely, mentioned as a 
war-chief,2e6 but missions of importance appear to have been 
intrusted to him ; and Joseph de Acosta calls the three other chiefs 
" warriors," ^"^ to his exclusion ; and finally, he is made a confiden- 
tial advisor in times of great public danger. This is about all we 
know of this office, in relation to the government of the Mexican 

The fact, amply proven as it is, that the ••* chief of men " had to 
be selected from among the four chiefs and officers enumerated, 
bears directly on the nature of the dignity with which the 
" Tlacatecuhtli " was invested. It fully disposes of the assump- 
tions, that this officer was anything but an Indian war-chief of 
the highest order, or that heredity was attached to the office, though 
it does not disprove succession of office limited to any single kin. 
While it thus explains many incidental features of organization 
and government, it leads us back to the office of ''chief of men" and 
through it, recalls some of the fundamental attributes of the tribe. 

'8* J. H. von Minutoli (" Beschreibutig einer alien Stadt in Guatemala,^^ etc., '* Teatro 
Critico Americano.** by Felix Cabrera, German translation, p. 31) : " house of darkness 
which he (Votan) had built in the space of a lew respirations." But the dark house is 
yet more positively noticed in Guatt^mala. Popol Vuh (Part II, chap. II, p. 85): "Ge- 
kuma Ha," from '*Gek" black, " Grammaire QQuichei^* (p. 180). Also (Chap. VIII, p. 
147, cap. IX, pp. 148 and 149). It is interesting to notice, in connection with this, that 
the same gathering of aboriginal traditions also mentions (p. 81) a house filled with 
lances (darts): "R'oo chicut Chayim-ha u bi, utuquel chakol chupam zaklelohre chi 
cha, chi tzininic, chi yohohic, chiri pa ha." (Cap. IX, p. 154) : '• qate chicut ta x-e oc chi 
qaholab pa Chaim-ha.*' This con-esponds with the Mexican "Tlacochcalcatl." Again 
we are treated (p. 85) to a '* house of tigers " also repeated (p. 134), and it is easy to 
recognize in it a counterpart to the •• Tlacatecatl." Thus again the analogy between 
the Guatemaltecans and the Mexicans, appears puptained to some extent. 

aw Historia general,^* etc. (Lib. VIII, cap. XXX, p. 318). 

aeeuy Tezozomoc. Quotations are superfluous. See his " Crdnica." 

w '* Historia natural y moral de Indias*^ (Lib. VI, cap. XXV, p. 441). 

Report Peabody Museum, II. 44 

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We have already stated that the tribe was a voluntary association 
of kins for mutual protection. Though this was undoubtedly the 
original purpose, it becomes evident that, in course of time and as 
a result of success in warfare, the tribe, as a military organization, 
grew into a cluster for procuring and increasing subsistence.288 
This was achieved by gathering booty in successful raids, and by 
imposing tribute upon tribes whose military power had been over- 
come in such dashes and forays. 

Previous to the formation of the confederacy, but few tribes had 
been conquered by the Mexicans.^s^ In fact, it was the nearly 
equally balanced power of the Pueblos occupying the lake basin, 
that made the formation of that confederacy possible. Such a 
course was necessary to prevent them from destroying each other 
for the benefit of expectant neighbors. ^^o But when once this 
confederacy was formed, then their joint efforts were directed to 
conquest, and to the acquisition of the means of subsistence 
through tribute. As the imposition of tribute was a military 
measure, so, also, its collection was in the hands of the military 
branch of the tribal government. This is evident from the fact 
that the kins had delegated to the tribe all authority over outside 
matters.291 Hence the "chief of men" became the official head 
of tribute-gatherers.292 

288 «<^r< 0/ mzr " (pp. 96, 97 and 98, nlso notes). 

280 The number and names of these tribes are yet undefined. The ppecifically Mexi- 
can sources insisting upon a conquest of Tezcuco (by force of arms) by the Mexicans, 
it follows that, according to the Codice Ramirez (pp. 51 to 61), the tribes subjected 
before that supposed event, were the Tecpaneca, the Xochimilca, and those of Cuitla- 
huac, or the settlements to the west and southwest. Durdn (Cap. JX to XV) and 
Tezozomoc (Cap. VIII to XX) concur; so doep, of course, Acoata (Lib. VII, cap. XII to 
XV). The Codex Mendoza (plates V and VI) adds to the above the pueblos of Chalco, 
Acolhuacan and of Quauhnahuac (Cuemavaca). If we compare it with the Tezcucan 
tradition, as reported by JxWlxochitl (** Hist, des ChichimSques,'' Cap. XXXI, p. 216) we 
notice that it is claimed for that tribe, that it assisted t)ie Mexicans in the conquest of 
Xochimilco and Cuitlahuac, although tlie formal confederation took place (according 
to the same authority, Cap. XXXII) some years later. According to Torquemada (Lib. 
II, cap. XLII, pp. 148, etc.), Vetancurt (Parte Ila, Trat. I', cap XIV, p. 291), the Xochi- 
milcas were conqueied by the confederates. According to Veytia ('* Historia antigua,** 
Lib. III. cap. I, p. 150), the Tezcucans subjected Xochimilco. Clavigero (Lib. IV, cap* 
V, p. 253) agrees with the Mexican version. 

2»o'* Codice Ramirez^^ (p. 61). 

8»iThi8 resulted from the constitution of the tribe, as an association of kins for 
mutual protection and sustenance. 

M2 Tezozomoc (Cap. X, p. 18) : " y aunque envian ft darlo ft Ytzcoatl era para todos los 
Mexicanos en comun." The fact that tlie gathering of tribute was directly controlled 
by the *' chief of men " is so generally admitted that it hardly needs any further proof. 
Ramirez de Fuenleal C Lettre,^* etc., p. 248, ler Recueil) ascribes the gathering of 
tribute to an officer whom he calls " tecuxcalcatectli." This should be, properly, 


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>Wbeney'er any t^riboi witb.or witlK)ttA a stiiugglef yielded, to. the 
ir,arUke powecpf tbe Mexicans and. tbeii* aaacNCuatest the aoKwo^ 
l^nd. kind of arUolea .tQ.l)e deliven^d, aa tribute^ at fixed perioda^ 
waa at< oncej de^rmined litetw^B " the partles,?^^ ^^^^ the faithful 
perforniance.of that €K)ntract9 the vani^iahed stood in daily peril 
Qf, their Uvea;?^* a«d in order towatob them oonatantly, and to 
r^ulote the. delivery and,.. tranamission of the tribute^ speeial 
officers were maintained among the conquered, ^pueblos .1^ thein 
conquerors^ These olSeerawere^ealled ^^^^atbei-eraof the<»H>ps," 
ealpixqui. Each ooe,of the three confederates, sent its own 
^'_ qalpis^qui " among the. tribes, v^hich bsd become, its fixeluaiv^ 
prey^}and whei*e«.as, 8om^tin«es oeouiTed, one pueblo paid tribute 
to.aU three confederates^ it bad, to.aiib^it. to the: residence in its 
miitet, of ,a^ many representative gatherers of )duties*^^ : 

** tlAcochcalcAtl-tecahtli.^ But we know that the duties of the latter officer were quite 
different. Still, the collection of tribute being a l>ranch of military life, the mistiik^ 
if en^iljriacQoiioted t9r,^ The milit^rgr ishioniBles of the Kexicaa tribe teem wttb 
instanoes where the stewards. are descril>ed as under direct orders of the ^' chief of 
men,^ as in Zurita (pp. 68, 09. 70). It may also be inferred tVom the exa^erated state^ 
mftnts abonfe tha tribate> sjpstem Among thft Teacnoana^ contained in JMMi^oekUl 
C*BM. dei CMchinaqu^** Cap. XXX V^ pp. 83»-^241). 

«•»! refer to the following passages of Tezozomoc C^Crdnica^*^ Cap. IX, p. 16, 
Capture of Aneaputxaleo; Cap. XV, p d4. Onyuacan; XVII, p^ 28, Xochimilco; XVIII, 
p. 29, Cuitlahuac; XXVI, p. 40, Chalco; XXVII, p. 41. Tepeacao and Tecai|iachalc9 ; 
XXIX, pp. 44 and 45, Txiccoac and Tncpan; XXXII, p. 50, Ahuilizapan, and the 
Totonaca; XXXVIII, p. 62, Coayxtlabuaean ; XXXVIII, p. 61, Huaxaca; Cap. LXI, p. 
IQi, ft^hiaiMtn.and XUotepec; Gap.ULV, p, 110, Cuextlan; Cap. LXXII, p. 132: Teloloa- 
pan; LXXVI, p. ISO, Veenantopec «nd •tiiers; LXXIX, p. lao, Xooonnchco; LXXXIV, 
p. 146, NopaUan; LXXXVIII, S^aJtepee; OICI, p. 159.: Quetaaltepec). Durdn (Cap. 
IX. p. 77; X, p. 94; XU.. p. 112; XVII^ p. 151; XVUf, p. 160; XIX, p. 171; XXI, 
p. 185; XXII, p. 191; XXIV, p. 206; XXXIV. p. 260; XU, p. S31; XLVI, p. 373, etc.). 
ThQS^: paaaages Ailly iUustmtift the uaainerin which the tribute was imposed on the 
yanquisbady al.tlw dose. of a saccessAil foray^' JxtlilxockUl (** HisUHre de» Chichimi* 
qtte*,*' Cap. XXXVJU, pp. 271 to 278). Siahagun (Lib. VIII, cap. XXIV, p. 318): 
VH9luett<lo>.paciflGfd0 ia^ pi^vinoia, Inego 4o8 seiiores del campo repactian ti'ibutos & 
los queiiabian tido eonquistados. . . ." 

SH I>ur4n <Cap..LliI, p. 428), ; Also ihe oomplainta of the Indians of Cempohnal and 
Qitiahuiztlan. ^Totonaconas) <on the coast), po Cort^ about the dread in which they 
eontinuaUy stood ot. being oveirun again .by. the Mexicans and their confederates. 
(Cbr#^ " CoHaSegnndth** .p. 18, Vedla. I), Bemal Diez (Cap. XLV, p. 40; XLVI, p. 41, 
Yedia U), ''JUai^jidUifria, tie.** (Col. de Doc's II, p. 12). 

sMThis results fW>m the ** articles of agreement" of the confederacy. See besides: 
Zurita (p. 67). Hernando Pimentd Kezahualcoyotl (** Memorial dirigido <U rey, etc,** 
M Qiografta. d4 ku- Lenguat^** Orozco y Berra pp. 244 and ^16) also states: '^^The 
pueblos whose tributes were distributed among Mexico and Tescuco and.Tacuba 
were the following: Coayxtlavuacan, Caauhtuchco, Cotlaxtlanr Avli^apan, Tepeaca.*' 
Agninst this there stands the version (^Sahoffunihih. XU, cap. XLI, p. 50) : '' Luego alU 
habld otro princ^pabqiiese UamabaMixooatlaylotlsoauelitoctsin, dile al senor capitan, 
qne^nando TiTiaMoctheou2onA>el estilo que se tenia en conquistar, era oste, que iban 
loa Mexicanos, ir« loa ITenmoanoa, ^y lo» de Tlacupaa, ylea de las Chinampas, todot 

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uThus j^t)«! MefsicsBS baid>» tmnibei^ of <80cb offieers scattered 
among iributarji settlenento. The ^*^ chief ^ of meQ^' <;ontro1k() 
$heir. actions, ibatihisopew^r did not axteiid over the >^ calpis^ca'* 
of the tribes of Tezcaoo and Tlacop^nv He^iconW not even 
a|^>point4he^te«rerdi9 «ent to dwell among the tribotary ibreignu 
eiiB^ 4bi» power iheing vested.' in*' the o(iyunoil alone .^''^' S««ch an( 
office iw>as vby eotmeana.^ ppsi of honor and* enjoyment. On th& 
eo<MiFary,p.thei*ii wa» ao>moi*e feapoasible or^dan^rous duty withia 
or without the tribe. The "calpixqui" while he had not the 
ali;ghte&t aiithority t(> Yneddle wlththe,afl(kirs of the tribe where he 
Uvted,^,^ :wa«<ex{»eetiedrU>iwateh cloocly-the dispositions and incli-> 

}mito8>lhtn 0obre «I ^Hieblo d prorincia qtie queriftn eonquistar. y despties qne lo 
iMbian e«n%ni»tado» luegd iie volviaii » sub cada8< y i sud ptiebtoS) y despnes ybnian* 
loa.*8eiiotes 4e4e» puebtoa que Fabian sidtt eonqniBiadoe, y kraiAn 8u tributo de^oroy 
de^piedvaa preoioflasy y <le plnmage« rioo$, y todo lo daban i^ Mocthecnzoma, y asi todo 
•I oro venia ft Bu poder.^ This plain and very-natHrat Btatement, from a TIatilnlcan 
ehief ^ho 'aflei-wards • beeame **gobertkadOr^ of Tlatilalco {Sahagun, Lib. VIII, 
cap. n, pi 874)« bttB been twisted by Torquemdda (Lib. IV, clip. CII, p. 672). so as to 
•ay<ani«9irtther things: ''-and they had the tnlnites gathered at Mexico, and here ft 
waBttdiffkribnted an«ng^<tbe three Lords a«oording^ to the direetions given by him of 
M<Bxico.*'^ ToriiueiMMda haB, in this instance^ evidently changed the text of his prede- 
eeaamr.'- There i^alBo^an undeniable ConfUslon here between booty find tribute. The 
Hsnuer had>t*<be'dlTided among the conquerors while they were yet together; the latter 
Q0cu»redt vegularly aiterwardBy and b6nce did -not need to go thitmgh the bands uf 
Mexicans again. The story of Toi qnemada is corroborated by JxtlilxochUl (** jUkti 
def'^MchimitueSf** Cap. £XXIX» pj 989), who clearly Bays that "« Fasting Wolf >> put 
BtewardBOoly when -the tribute belonged to his tr^be, but that the whole tribnte was 
brought to Mexico 4uk1 there** the agents of the three chiefs divided it among them- 
8elvefi«* -Finally V we have theobsouve statements of Hamiret de FueideaX (pp. '244, 247/ 
hrlerBeeueilof MnTernaux). ' 

-»*The "Gatpixcayotl** was -a permanent office, not a temporai-y duty or ipissioh; 
eon«*qttently its inenmbents oonld not be appohtted hj a single war^^hief. There is 
evidence to that effect. According to Durdn (Gap. XVIII, p. 164), after those of 
Tepea^ae had been eenqneredf " Cihnaoohuatl " placed a stewai*d in tlieir midst : *< Mir& 
que en ello no ayarfnlta ni quiebi-a; y para questo mejor se cumpla, os quiere poncr un*^ 
golMrnador de l«e -sefiores Mexicanos, »l qual aneis-de obedecer y (ener en lugar de lai' 
vaal persona, el^qualsellaaM C^aoueoh, y«on esto c»8 podeis IreYruorabuenaftTuestras* 
tierrae-y «iudade8 p.o>rque al rey no le podeis habla)r.'* (Cap. XXI, pp. 196 and 187). The 
Btewarilbr €^i6tlaxthurwa& chosen by4he** Snake-woman ;" or at least his choice' Was 
proclaimed by that ofllciar. (Cap. XXHI, p^ W9) : '^Acauado el sacriflcio y despedidbs 
lo»||ii4sp«des, Tlaea^el, oon consejo del rey, enuid un virey A Coaixtlavalc' para 
que tavjese Cargo d« aqueUa provincia y de los tributos reales, el qual se llamaua 

Cuauxochitl '' ' ' 

. VI Tbi« resttlts Arom the fact that ttie ^^Cibua^ebuatP' amieunoed the newly chosenf 
** Galpixqui.^^ In- this ease he "plainly actedras foreman of Utt couneilt proclaiming^ 
their choice. 

h<*0s^Ih»ve<aU'eady,'in note 4, disposed of the statements of £(aAA^n (Lib. YHI, cap; 
X£nr,i p.'Old)': ^^y luegoelegian- gobemadores y oficiales que ^esidiesen eii' aquella' 
piK^vincia, no de los-natui'aleBde ella^.slno deloB que la habiau eonqulstddo:'' In Au-th'ei:^ 
expNuratioatheireof, I^begte call attention to Bome statements of the interpreters '6!f 
the GM2ea;' lf^ilo«a^(pt(itet< XX andXXI>: **IjOs pueblos dgurados eii los dosplaUos 
^ffuieii^e0,reBaBiidoa'aquly''8oailies'yeelie^paeblQ8) aegtinque'eBtin eotitulkdos. F6r' 

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nations of those by whom he was surrounded and to report forth- 
with an}' suspicious movements or utterances that came to his 
notice. Thus he appeared, in the eyes of the people among 
whom he resided, as a spy, whose reports might, at any time, 
bring down upon them the wrath of their conquerors. Again, it 
was his duty to control the bringing in of the articles promised as 
tribute, at stated times. Consequently he was the hateful tax- 
gatherer, the living monument of their defeat with all its unfortu- 

los Seiiores de Mexico tenian puesto un gobernador llamado PetlacalcaU, aiinqne 
en cada un pueblo tenian pueeto un Calpixque, que es como Mayordomo, que tenian k 
cargo de hacer recojer las rentas y tributos que los diclios Seiiores tributaban al 
Seiiorio de Mexico y todos los dichos mayovdonios acudian al dicho PetlacalcaU, como 
su governador ; " (plates XXII and XXIII): " . . , . tenian puestos Calpixques, en 
cada uno de ellos, y en lo mas principal dominaba sobve todos ellos un governador, 
para que loa mantubiese en paz y justicia, y les hiciese cumplir sus tributos y porque 
no se rebelasen ; " (plates XXIV and XXV) : •* Y 4 que Aiesen bien regidos y govema- 
dos, los Sefiores de Mexico en cada uno de ellos tenian puestos Calpixques, y 8obi*e 
todos les Calpixques un governador, persona principal de Mexico, y ansi mismo loa 
Calpixques eran Mexicanos, lo qual se hacia 6 probeya por los dicUos Senores y i 
seguridad, para que no les rebelasen, y ft que les administrasen justicia y oyepen en 
policia." It follows from the above that the "Governors" were placed, not so much 
over the tribes, as over the "calpixca" themselves, and indeed the "PetlacalcaU," 
"man of the house of chests." was the head-steward, to whom fill the other stewards 
had to direct their consignments of tribute. Consequently, it is not to be understood 
as "governor of a province," but only "governor of the stewards," which is totally 

Besides, there is positive evidence to the effect, that the Mexicans and their, 
associates never interlered with the autonomy of tributary tribes. Andres de Tdpia 
('^ lidacion,** etc., p. 592): "Los que tomaba de guerra decian tequitin Uacotle, que 
quiere decir, tributan como esclavos. En estos ponia mayordomos yrecogedores y 
recaudadores ; y aunque los seiiores mandaban su gente, era debajo de la raano destoa. 
de Mexico. . . . Zurita {'^ Rapport j" etc., p. 68): "Les chefs, restant seigneurs comme 
avant la* guerre, conservaient la jurisdiction civile et crimineile dans toute P^tendue dft 
leurs domaines." ^ . 

When the tribes of the gulf coast (the Totonacas, etc.) arose against the Mexicans, 
murdering the stewards \Yho had been placed among them, they were speedily. over- 
come again, and when they attributed their revolt to U»e intrigues of their head-chiefs, 
asking the Mexicans to punish tliem (or it, Uie Mexicans replied, accordi^ig to Durdn 
(Cap. XXIV, p. 204): " nosotros no traemos autoridad para matar a nadie sino es en 
guerra: vuestros seiiores no han pjnecido en esta guena ni los emos visto, peio no 
por eso se escaparan, pues vuestras razpnes y dcFCO y lo que pedfs, se dira al rey 
uuestro sehor Montezuma, y el mnndara que te execute lo que nosotros dexaremoa 
ordenado, y luego sin mas dilacion los traed aqui a todos ante nosotros y & muy buen 
recaudo." Afterwards: "enviaron a Cuaunochtli y ft Tlilancalqui,^que .eran (>e los 
mayores oydores del consejo supremo, para que execulasen a^ella justicia.** Tlie 
two chiefs were cruelly butchered (p. 20(5). This s«tory is also related by Tizozomoc 
(Cap. XXXV, pp. 55 and 5f)), and it is evidently Ihe instance referred to and iliubtrated 
by the Codex Mendoza (plate LXVII). The foregoing t<^lls us that even in a case of 
dangerous treachery and rebellion such as the above, the Mexicans did not claim the 
right to interfere in the internal affairs of the ex)nquered tribe, of tlieir own accord, but 
that it required the positive request of that tribe to cause them to act in the premises. 
Furthermore, the position of the " chief of men " as military executor is clearly defined :< 
" y el mandara que se execute lo que nosotros dexaremos ordenado." A very important 
statement ! 

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najte results. It certainly required men of capacity and experience 
to fill such a position, and we need not wonder, therefore, if the 
'' calpixca," whom Cort6s met among the Totonacas of the coast, 
wore the distinctive tokens of chiefs. ^^^ 

The conditions of tribute were various. Some tribes delivered 
their contributions* every eighty days, whilst Others sent them in 
annually .300 in most cases, they had to be carried to Mexico- 
Tenuchtitlan by the tributaries, or at least, the delivery was at 
their charge. ^oi This was done frequently by prisoners of war, 
made by the tributary pueblo and sent as part of the tribute 
itself.302 xhe " calpixqui " superintended this intercourse, he 
verified the articles received, and again dispatched them, properly, 
to the ** seat and home " of the Mexicans, All this necessitated 

288 Bernal Diez <1e CastUlo (Cap. XLVI, pp. 40 and 41). 

sooTlie most complete record of tributes which we possess, until now, is contained 
in tlie so-called Codex Mev^foza i Parte Segunda, plates XIX to LVII, incluBive). A full 
discussion of the multifarious details thereof is impossible here. It w^ould require an 
essay by itself, which, however instructive it might be, would hugely exceed tlie Imiits 
of this paper. Of course, not all the authorities agree with them. I merely refer, in 
addition, to Durdn (Cap. XXV), Oviedo (Lib. XXXIII, cap. LI, pp. 5:J5, '6 and '7), 
Clavigero (Lib VII, cap. XV), Jxtlilxochitl (♦* Hut. des ChichimSquea," Cap. XXXV), the 
latter as well as Torquemada (Lib. il, cap. LIU, pp. 167 and 1()8) confining himself to 
the Tezcucans and their tributaries exclusively. See furthermore, Zurita (pp. 240, 
217 and 248), Jinmirez de Fuenleal' {Letter, p. 251). It is hlso interesting to consult the 
statements gatliered. on the tribute question, IVom tribes subject to the Mexicans. See, 
on CJuilco, Fray Domingo de la Anunciadon {Letter dated: Chalco, 20 Sept., l.')o4, 2d 
" Recueil" of Mr. Ternaux-Compans. i»p. .S33 and 334) : on Matlatzinco, Zurita (pp. 394- 
397), Herrera (Dec. JII, lib. IV, cap. XVIII, p. 140). The latter mostly copies from 
Zurita. Finally, much information as to the details can be gathered from the •• Codice 
Jfamirez** (pp. G3 and G5), and especially from the traditions on the forays and dashes 
of the Mexicans contained in the specifically Mexican sources already quoted. 

801 Tezozomoc (Cap. XXVII, p. 41, Cap. XXXIII, p. 52, Cap. LXI, p. 102, etc., etc.), 
Durdn (Cap. LXIX, p. 171): '• Pues mira que lo aueis de llevar ft Mexico vosotros 

mesraos. Ellos respondi^ion que les placia de lo lleuar alia y seruillos " (Cap. 

XXII, p. lUl): "y que se obligasen & traello ft Mexico. . . ." (Cap. XXIV, p. 206, Cap. 
XXV, p. 203, etc., etc., etc.) 

802 Durdn (Cap. XXV, pp. 212 and 213). Such female slaves became concubines. 
The various tribes exchanged also their prisoners of war, one tribe buying (exchanging 
for products of the soil or for manufactures) of another those prisoners which it 
had received as such tribute, and also presenting each other on solemn occasions 
witli such prisoners. There are many illustrations of this to be lound. Thus the 
markets of aboriginal Mexico also had ' slaves," for Side, who were obtained in this 
manner. They were not numerous, and did not form a class, only an object of medi- 
cine subject to exchange and barter. Cortes (" Carta Segunda " p. 35, Vedia I) 
only speaks of "bonded people" standing in the markets" or "outcasts" ready to 
•• bind" themselves — " to let." But Bernul Diez de Catitillo (Cap. XCII, p. 89, Vedia 11), 
evidently describes such unfortunate people : •' ^ traianlos atados en unas varas largas, 
con collares ft los pescuezos porque no se les huyesen, y otros dejaban sueltos." The 
same author (Cap. XLVI, p. 41) mentions the demand made upon the ** Totonaca's" of 
the coast by the Mexican •♦calpixca" for ** twenty Indians of both eexes to pacify 
their Gods therewith." This is confirmed in a general way by Cortes (*' Carta 
Segunda," p. 13, Vedia I). 

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assistKiits at his disposal *^ mnnefrs -^ who ftototily ae^oniptfttiied 
the coQToys of tribuief but throvrgh whom ft regular eottiMtinicfl^oii 
roight be k^t up with the Mexioan tribe.' Oti the strength of this; 
it has been fancied that not only a road^systeni afi»k>gous tothttt 
of Uiei Romans; pervaded tlie entire' area of actual Mexico, but 
that a perfect postal system was in ftilt and s^ieeessAi I operation; 
In regard to the first assumption we beg toi*ef^r to the lettef^f 
the Licentiate Salmeron, da/ted Meicieo, Idth August, 1531,' and 
directed to the council of the Indies i^^ '*■ I beReve that all 
througli the land roads should be opened ' which woirid be prao^ 
ticable both for beasts of bui*then and for carts. It wo^ild greatly 
increase the security of our possessions.' Since the Indians had 
no blasts of burthen, tlteir paths werestraight and narrow, and 
so direct that they would not deviate an inch in order to avoid 
climbing the most rugged mountains/' Over these Indian trails, 
where occasionally heavy culverts of stone, -^filled up gaps and 
spanned narrow ravines,^^ the tribute was forwarded to the pueblo 
of Tenuehtitlan, and the necessary runners moved swiftly, to a^id 
fro, as occasion required. But there was no regularity in this 
intercourse. There were no relays, and the Indian messenger 
relied, in order to traverse the wide belts of waste lands between 
tribe and tribe, upon his own endurance and upon the bag of pro- 
visions which he earned along.^^ 

On solemn occasions^ the convoys of tribute wei'C not merely 
escorted b}' runners and watchmen detailed for that purpose by 
the "calpixqui," but that officer, himself, accompanied them and 
entered Mexico-Tenuchtitian at their head.3®^ The articles were 
carried to the ''Teepan" and then the duties of the *' chief of 
men "in regard to tribute in general ended. For this tribute was 
not due to him, but to the tribe, and it was the tribal representa- 

*o* " Second Recueil de Pieoes sur U Af&eigue" (H. Tcrnaiix*Compan«, pp. 191 and 192). 

*'>*The collection of Lord Kin^sboixHigh has, among others, the pictures of so-called 
bridges. An3'one can see at a glance that they are mere hea^ ciilverts; Mr. H. H^ 
Bancroft (" KaXivt Racea,^* Vol. IV, p. ft28) figures a bridge at Hnejutla, bHthis argtiroent 
in favor of its being an aboriginal construction a)ipeara to me rerj imratisftMtory* 
The masonry coveting the niotind at Metlaltoytica sliows, accord4tig to his own word* 
(Id. p. 461) : *' there is no evidence tliat the arch wa« intentionally^ self-feupporthig.'** ' 

80A We must always discriminate between delegates,' entrusted with ceitahi bdsinesr 
to transact, and therefore also clothed with a certain authority, and mere runwefi, 
("Correos"— '* Yciuhca titlantti" Afolina I, p. 80, from •*Iciuhoa*'*- quick ««fd' 
*'titlantli"— he who goes on an errand, II, pp. :i2 and 113), The latter are very well 
described by Torquemada (Lib. XIV, cap. I, pp. 535 and 530), although he presupposes- 
relays nt regular intervals. This wat not the case, as the inarch of OorMs amply provea ' 

»o« ** Codice Ramirez" (p. 63). 

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tives to whom It wai3 delivered.^*"^ If th^' gathering of tribute 
th\is required a set of officers necessarily placed beneath the 
orders of the military chieftain, another set wa^ needed for -its . 
preservation and judiciotis distribution. If the one consisted of 
stewards dwelHng outside of ttie jKieblovthe other was composed 
exclusively of home-stewards. Every convoy was ther^for^ «' con- 
signed" to a proper Officer, whose duty it was to receive it and 
then abide the directions of his superiors m to its a|)portiOtitoent.^^ 
We have already mentioned the " Clhuacohuatl " as the officer^ 
who was responsible to the council for the aditainistmtion of the 
stores and the profier distribution thereof, though he had beneath 
him another officer, to whom this duty was really and practi- 
cally assigned. TorqUemada and those who have followed his 
school, call this snbordinate " great crop-gathierei*," " Hueycalpii* 
qui^'?309 whereas Tezozomoc and Duraii apply to him the title of 
"mail of the house of chests'* '* Petlacalcatl " ^^^ j^ i)oth cases, 
however, he is represented as "chief steward," to \thom all the 
others should render account. He superintended the distribu-^ 
tion of the tribute,^**'and to him the kins Came for their share — - 
perhaps the largest of all. Unfortunately, we are unable to 
establish the principles upon which the division took place. All 
that we know is, that the tribe received one portion and the kiiis or 
"calpulli" the other, and that the " man of the house of chests," 
under whose eyes the distribution took place, afterwiirds looked 
to those stores, in particijHar, which were reserved for the tribe, 
i. e. : for the demands of the tribal govern men t^^*^ Therefore, the 
" man of the house of chests" frequently appears to be under the 
direct orders of the "chief of men," who colild apply to him, more 
particularly, for such articles as wei-e required for the exercise of 
ti'ibal liospitality including gifts, and for displays of finery on 
particularly solemn occasions.^i^ It is true that, as we have 
elsewiiere shown, particular tracts of land, " tecpan-tlalii," were 
i*eserved among tributary tribes for tlie demands of the official 

«0T Tezozomoc (Cap. X, p, 18), Herrera (Dec. Ill, lib. IV, cap. XVII, p. 138). 

808 Tezozomoc (Cap. XXXII, p. 51) : »*A los dichos pueblos fti6 iin maywdomo para 
cobrar este tnbiito, como para todos los denias pueblos, que en Mexico ha via an 
mayordorao, y otro en el mismo pueblo para mayor sugeciou y vasallnge.'' 

«o» Torquemada (Lib. XIV, cap. VI, pp. 644, 545), copied by Votancurt (Parte Ha, 
Trat. Il% cap. T, pp. 370 and 371), Cldvigero (Lib. VII, cap. X, pp. 46S and 46*9). 

•»o Also by the Codex Afendoza (Interpretation to plates XX, XXI, etc.). 

w» See note 300, also Tezozomoc and J^tirdn. 

MaThis 18 so ft-eqiiently mentioned by Tezozomoc, that I forbear detailed quotations. 

118 Tezozomoc ('' Cronica MexicanOf" snndiy places, too numerous to refer to). 

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hoiiseholds,^^^ still, on many occasions, whether festive or in the 
hour of need, the crops raised thereon would not be sufficient, and 
thus other stores were laid up and iield for prudential reasons.^^^ 
Over these stores the " Petlacalcatl " presided. This otticer was, 
in all probability^, appointed by the council, and he was account- 
able in the first place to the " Cihuacohuatl," who kept a register 
or list of the articles received as well as of their apportionment- 
These rude paintings on prepared skin, or tissue, have given rise 
to the fable that *' archives " existed at the aboriginal pueblos of 
Mexico, Tezcuco, and Tlacopan.^^^ 

The stores required for worship and for the support of the 
"medicine-men" were, as far as the central or tribal 'Miouse of 
God" was concerned, also, taken from this tribute, and assigned 
to the ''medicine-men" according to their need. But the bulk 
of the tribute, presumably, went to the kins, who apportioned 
it among their members, after reserving the necessary quota for 
their government and for worship. In this manner the proceeds of 
tribal association finally reached the indivfdual, — not through the 
tribe unless he was an outcast, but through the kin, — and thus 
the latter again appears as the working unit of organized society, 
even in the vital matter of subsistence. 

The procuring of subsistence, by means of warfare, is the widest 
field of tiibal action known to aboriginal Mexico. It links to- 
gether kin and tribe, and furnishes a raiaon d'etre for the highest 
known form of tribal society — the confederacy. 

After what has been said in this and the preceding essays, it is 
superfluous to recur, in detail, to the confederacy formed by the 
three *' Nahuatl " tribes, of Mexico, Tezcuco and Tlacopan. Its 
''articles of agreement" have been stated elsewhere; and we 
know the prominent position, in a military point of view, occupied 
by the Mexican tribe in this partnership, formed, as it was, for the 
purpose of war and plunder. All that remains for us to emphasize 
is the fact, that this inter-tribal connection in the Mexican valley 
did not extend further than a tri-partite association for the afore- 
said purposes. There was no interference on the part of the 
conquerors, in the afi'airs of the conquered, no attempt gradually 

8UU Tenure o/ Lands'* (pp. 419 and 42C). 

«i*See the concun-ent reports about the gi'eat drouth, while "Wrathy chief who 
shoots arrows heavenward" (''Montezuma Ilhuicaniina") was "chief of men." 

818 This very interesting and impoitant question will soon be fully discussed by a 
very competent authority. I consequently forbear entering into any examination 

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to cast the Iieterogencous elements into one uniform mould, 
because there was no idea of any form of society other than tliat 
based upon kin, and of this, the tribe, characterized by inde- 
pendent territory, a dialect of its own and a common name and 
worship, formed the highest governmental expression. 

We have thus, involuntarily almost, retraced our steps to the 
point of departure and justified, as we believe, our original propo- ^ 
sitions. We have tried to show that there was, in aboriginal ] \ 
Mexico, neither state, nor nation, nor political society of any kind. \ \ 
We have fouud a population separated into tribes representing ^ \ 
dialectical variations of speech, each tribe autonomous in matters - -• 
of government, and occasional!}' forming confederacies for purposes 
of self-defence and conc^uest. Out of that confederacj', brought 
80 prominently forward by the events of the Spanish conquest, 
we have selected on account of its military pre-eminence, one 
tribe, — the ancient Mexicans— and we have shown that it was 
an organic body composed of twenty autonomous kins for pur- 
poses of nuitual protection and subsistence. A social organ!* 
zalion resting upon sucii a foundation nuist, of necessity, have 
been a democratic body. Indeed, we have found that each kin was 
goveruKl by strictly elective officers, subject to removal at the 
pleasure of their constituents; that ihe twenty kins, for their 
nuitual benefit, had delegated their powers to transact business 
with outsiders lo a co'incil of the tribe, in which every kin was 
represented by one member and consequently, had the same voice 
and vote as either one of the others. The execution of the decrees 
ol this council was left to elective ollicers, whose power was limited 
to military conunand, and whom the tribe might depose at pleas- 
ure. With the exception of some very inferior positions, these 
olticers had not the power of appointing others to ollice, not even 
their assistants of high rank. The dignity of chief, so conunonlj' 
transformed into hereditary nobility, has been found to have been, 
merely, a reward of merit and carried with it no other prerogatives 
than personal consideration and occasional indulgence in finery. 
Taking all this together, and adding to it the results of our inves- 
tigations into the military organization of the ancient Mexicans, 
as well as of their conununal mo<lc of holding and enjoying the 
soil, we feel authorized to conclu<le thcU the social oryuntZiition and 
mode of yooerument of the aiici**ut Mexicans was a militai'y de- 
mocracy y originalty based upon comiaanlsm in lioiiuj. 

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